The Committee of Ministers, under the terms of Article 32
(art. 32) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the application lodged on
26 October 1989 by Mr Joseph Macaluso against Italy
(Application No. 16125/90);
Whereas on 5 May 1994 the Commission transmitted the said
report to the Committee of Ministers and whereas the period of
three months provided for in Article 32, paragraph 1 (art. 32-1),
of the Convention has elapsed without the case having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in his application, declared admissible by the
Commission on 13 October 1993, the applicant complained of the
excessive length of certain civil proceedings;
Whereas in its report adopted on 2 March 1994, the Commission
expressed, unanimously, the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 517th meeting of the Ministers' Deputies held
on 20 September 1994, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1) of the Convention, that there had been in this case a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the same meeting of the Deputies, the Committee of
Ministers examined the proposals made by the Commission when
transmitting its report as regards just satisfaction to be awarded
to the applicant, proposals supplemented by a letter of the
President of the Commission dated 8 July 1994;
Whereas the Committee of Ministers decided, in accordance with
Article 32, paragraph 2 (art. 32-2), of the Convention, that the
Government of Italy was to pay the applicant as just satisfaction,
within three months, 3 000 000 Italian lire in respect of
non-pecuniary damage and 1 000 000 Italian lire in respect of costs
and expenses, namely a total sum of 4 000 000 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
20 September 1994, having regard to Italy's obligation under
Article 32, paragraph 4 (art. 32-4), of the Convention to abide by
them;
Whereas the Government of Italy recalled that measures had
already been taken to prevent the repetition of the violation found
in this case, through the entry into force on 30 April and
1 May 1995 of two laws restructuring the civil courts and speeding
up the civil proceedings (see Resolution DH (95) 82 in the case of
Zanghì against Italy);
Whereas the Committee of Ministers satisfied itself that on
27 April 1995 the Government of Italy paid the applicant the total
sum of 4 000 000 Italian lire as just satisfaction,
Declares, having taken note of the measures taken by the
Government of Italy at it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
Full & Egal Universal Law Academy