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
10 November 1987 by Alfio Nicolosi, Alfio Fallica,
Giuseppe Fallica, Salvatore Fallica and Salvatore Motta against
Italy (Application No. 13543/88);
Whereas on 29 June 1992 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 their application, declared admissible by the
Commission on 11 September 1991, the applicants complained of the
excessive length of certain civil proceedings;
Whereas in its report adopted on 13 May 1992 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 483rd meeting of the Ministers' Deputies held
on 10 November 1992, 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 applicants, proposals
supplemented by a letter of the President of the Commission dated
22 October 1993;
Whereas, at the 504th meeting of the Deputies held on
14 December 1993, 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 each applicant as just
satisfaction, within three months, 10 000 000 Italian lire in
respect of non-pecuniary and pecuniary damage, namely a total sum
of 50 000 000 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
10 November 1992 and 14 December 1993, 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 notably 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 2 June 1994 the Government of Italy paid the applicants the
total sum of 50 000 000 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.
Full & Egal Universal Law Academy