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 Interim Resolution DH (96) 29, adopted in the case of
Maccari against Italy (Application No. 24338/94) in which the Committee of
Ministers decided that there had been a violation of Article 6, paragraph 1
(art. 6-1), of the Convention and to make public the report of the European
Commission of Human Rights;
Whereas 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 26 January 1996;
Whereas, at the 559th meeting of the Ministers' Deputies held on 22 March
1996, 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, 7 000 000 Italian
lire in respect of non-pecuniary damage and 500 000 Italian lire in respect of
costs and expenses, namely a total sum of 7 500 000 Italian lire, and that
interest should be payable on any non-paid sum at the statutory rate applicable
on the date of this decision, it being understood that the interest will accrue
from the expiry of the time-limit until full payment is placed at the disposal
of the applicant;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 9 February 1996 and
22 March 1996, 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, notably
through the entry into force on 30 April and 1 May 1995 of two laws
restructuring the civil courts and speeding up the proceedings in civil cases
(see Resolution DH (95) 82 in the case of Zanghì against Italy);
Whereas the Committee of Ministers satisfied itself that on
12 June 1996, within the time-limit set, the Government of Italy paid the
applicant the total sum of 7 500 000 Italian lire as just satisfaction,
Declares, having taken note of the measures taken by the Government of
Italy, that it has exercised its functions under Article 32 (art. 32) of the
Convention in this case.
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