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 on 23 January 1996 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged on 27 July 1994 by Mr Alessandro
Marchetti against Italy
(Application No. 26403/95);
Whereas on 26 February 1996 the Commission transmitted the said report to
the Committee of Ministers and whereas the case has not been referred to the
European Court of Human Rights, either by the Commission or by a state entitled
to do so under Article 48
(art. 48) of the Convention, within the time-limit of three months from the
transmission of the report to the Chairman of the Committee of Ministers;
considering, however, that within this time-limit, the applicant seized the
Court in accordance with Protocol No. 9 (P9) but that the screening panel of the
Court decided on 31 July 1996 that this case would not be considered by the
Court; whereas the Committee of Ministers is now called upon to take a decision
in accordance with Article 32 (art. 32) of the Convention and with Article 48
(art. 48) of the Convention as amended by Article 5 of Protocol No. 9 (P9-5) for
those states having ratified the latter;
Whereas in his application, declared admissible by the Commission on 24
October 1995, the applicant complained of the excessive length of certain civil
proceedings;
Whereas in its report 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 576th meeting of the Ministers' Deputies, the Committee of
Ministers, agreeing with the opinion expressed by the Commission, held, in a
decision adopted on 15 November 1996, 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,
Authorises the publication of the report adopted by the Commission in this
case;
Decides to pursue the examination of the present case in accordance with
Article 32 (art. 32) of the Convention with a view to adopting the final
resolution.
Full & Egal Universal Law Academy