FINAL RESOLUTION DH (96) 595
HUMAN RIGHTS
APPLICATION No. 19986/92
NICASTRO AGAINST ITALY
(Adopted by the Committee of Ministers on 15 November 1996
at the 576th 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) 108, adopted in the case of Nicastro against Italy (Application No. 19986/92), 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 8 March 1996;
Whereas at the 564th meeting of the Deputies, the Committee of Ministers held, in a decision adopted on 15 May 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, 20 000 000 Italian lire in respect of non-pecuniary damage and 3 500 000 Italian lire in respect of costs and expenses, namely a total sum of 23 500 000 Italian lire, and that interest should be payable on any non-paid sum at the statutory rate applicable on the date of this decision, it being understood that the interest will accrue from the expiry of the time-limit until full payment is 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 22 March 1996 and 15 May 1996, having regard to Italy's obligation under Article 32, paragraph 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);
Whereas the Committee of Ministers satisfied itself that on 19 July 1996, within the time-limit set, the Government of Italy paid the applicant the total sum of 23 500 000 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 of the Convention in this case.
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