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
27 February 1989 by Mr Stefano Mariani against Italy
(Application No. 14801/89);
Whereas on 25 February 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, as declared admissible by the
Commission on 3 September 1993, the applicant complained of the
excessive length of certain criminal proceedings combined with
civil action for damages;
Whereas in its report adopted on 11 January 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 21 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 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 20 May 1994;
Whereas, at the same meeting of the Deputies 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
2 500 000 Italian lire in respect of costs and expenses, namely a
total sum of 5 500 000 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decision of
21 September 1994, having regard to Italy's obligation under
Article 32, paragraph 4 (art. 32-4), of the Convention to abide by
it;
Whereas the Government of Italy reiterated before the
Committee of Ministers that the reforms already adopted - the entry
into force on 24 October 1989 of the new Code of Criminal
Procedure, the internal reforms carried out by the Court of
Cassation and the increase of the budgetary appropriations in order
to finance urgent measures in support of information systems and
the structures, means and services of the administration of
justice - should ensure that in the future criminal proceedings
will lead to judgments delivered within a reasonable time within
the meaning of Article 6 (art. 6) of the Convention (see, inter
alia, the Resolutions DH (92) 54 and DH (94) 41);
Whereas the Committee of Ministers satisfied itself that
on 7 April 1995 the Government of Italy paid the applicant the
total sum of 5 500 000 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;
Authorises the publication of the report adopted by the
Commission in this case.
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