INTERIM RESOLUTION DH (97) 50
HUMAN RIGHTS
APPLICATION No. 16609/90
INTRIERI AGAINST ITALY
(Adopted by the Committee of Ministers on 28 January 1997
at the 582nd 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 the report drawn up on 12 April 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 12 February 1990 by Ms Santa Maria Intrieri against Italy (Application No. 16609/90);
Whereas on 29 May 1996 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, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;
Whereas in her application, as declared admissible by the Commission on 18 October 1995 (final decision on the admissibility), the applicant complained of the decision to declare her son “adoptable”, which brought about the suspension of contacts between her and her son, as well as the excessive length of the proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been no violation of Article 8, of the Convention on the grounds of the decision to declare the applicant's son “adoptable”, and that there had been a violation of Article 8, of the Convention on the grounds of the excessive length of the proceedings concerned and that no seperate question arose under Article 6, paragraph 1, of the Convention;
Whereas at the 582nd meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, by a decision adopted on 28 January 1997, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case no violation of Article 8, of the Convention on the grounds of the decision to declare the applicant's son “adoptable”, and that there had been a violation of Article 8, of the Convention on the grounds of the excessive length of the proceedings concerned,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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