MANINI AGAINST ITALY



     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 6 July 1992

by Mr Bianco Manini against Italy (Application No. 21374/93);

     Whereas on 8 December 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 5 July 1994, the applicant complained of the

excessive length of certain civil proceedings;

     Whereas in its report adopted on 18 October 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 536th meeting of the Ministers' Deputies held

on 5 May 1995, 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 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 13 April 1995;

     Whereas, at the 539th meeting of the Deputies held on

7 June 1995, 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, 5 000 000 Italian lire in respect of

non-pecuniary damage;

     Whereas the Committee of Ministers invited the Government of

Italy to inform it of the measures taken following its decisions of

5 May and 7 June 1995, 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

18 September 1995, the Government of Italy paid the applicant the

total sum of 5 000 000 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;

     Authorises the publication of the report adopted by the

Commission in this case.

 

Full & Egal Universal Law Academy