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 18 October 1994, by the European
Commission of Human Rights in accordance with
Article 31 (art. 31) of the Convention relating to the application lodged on 6
March 1990 by Mr Luciano Motta against Italy (Application No. 16804/90);
Whereas on 8 December 1994 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 13 September 1995 that this case would not be considered by the
Court; whereas the Committee of Ministers is therefore 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 5
July 1994, 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 546th meeting of the Ministers' Deputies held on 19
October 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
27 October 1995;
Whereas, at the 553rd meeting of the 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, 4 000 000
Italian lire in respect of non-pecuniary damage and 500 000 Italian lire in
respect of costs and expenses, namely a total sum of 4 500 000 Italian lire;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 19 October 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, 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 4 500
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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