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 3 February
1988 by Mr Giuseppe Muzj against Italy (Application No. 13698/88);
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, declared admissible by the
Commission on 30 June 1993, the applicant complained of the
excessive length of certain criminal proceedings in which the
applicant had filed a civil claim, subsequently followed by
certain civil proceedings 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 8 July 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;
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 recalled that measures had
already been taken to prevent the repetition of the violation found
in this case, notably through the entering into force on
24 October 1989 of the new Code of Criminal Procedure (see, inter
alia, Resolution DH (92) 54 in the case of Frau against Italy and
Resolution DH (94) 15 in the case of Sanfilippo against Italy) and
through the entering into force on 30 April and 1 May 1995 of two
laws restructuring the civil courts and speeding up the civil
proceedings (see Resolution DH (95) 82 in the case of Zanghì
against Italy);
Whereas the Committee of Ministers satisfied itself that
on 4 April 1995 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;
Authorises the publication of the report adopted by the
Commission in this case.
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