FINAL RESOLUTION DH (97) 213
HUMAN RIGHTS
APPLICATION No. 25571/94
MARIANI FRANCO AGAINST ITALY
(Adopted by the Committee of Ministers on 15 May 1997
at the 590th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 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) 238, adopted in the case of Mariani Franco against Italy (Application No. 25571/94) in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 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 19 April 1996;
Whereas, at the 567th meeting of the Ministers’ Deputies, the Committee of Ministers held, by a decision adopted on 25 June 1996, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Italy was to pay the applicant as just satisfaction, within three months, 9 000 000 Italian lire in respect of non-pecuniary damage and that interest should be payable on any unpaid sum at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was 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 15 May 1996 and 25 June 1996, having regard to Italy’s obligation under Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the Government of Italy accordingly recalled that measures had been taken to prevent the repetition of the violation found in the present case through the reform of the organisation of the Court of Audit (see Resolution DH (94) 25 in the case of Giancarlo Lombardo), and that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;
Whereas the Committee of Ministers satisfied itself that on 21 August 1996, within the time-limit set, the Government of Italy paid the applicant the total sum of 9 000 000 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 of the Convention in this case.
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