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 (95) 308, adopted in the case of
Merlini against Italy (Application No. 24041/94) 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
27 October 1995;
Whereas, at the 553rd meeting of the Ministers' Deputies held on 15
December 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, 3 000 000
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 20 November 1995 and
15 December 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, through the
reform of the Code of Criminal Procedure (see the cases of Frau, Resolution DH
(92) 54, and San Filippo, Resolution DH (94) 15), and 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 21 March 1996 the Government of Italy paid the applicant the total sum of 3
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.
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