INTERIM resolution DH (99) 620
HUMAN RIGHTS
APPLICATION No. 40565/98
PANARARI AND TURANI AGAINST ITALY
(Adopted by the Committee of Ministers on 8 October 1999
at the 680th 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 4 March 1999 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 2 July 1997 by two Italian nationals, Mr Alfredo Walter Panarari and Ms Maria Turani, against Italy;
Whereas on 6 May 1999 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 their application, as declared admissible by the Commission on 27 October 1998, the applicants complained of the excessive length of certain bankruptcy proceedings before the civil courts, of a violation of their right to the peaceful enjoyment of their possessions because of the length of these proceedings as well as a breach of their right to respect for their correspondence, to liberty of movement within the territory of a State and freedom to choose their residence there ;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention and that it was not necessary to examine whether there had been a violation of Article 1 of Protocol No. 1, of Article 8 of the Convention and of Article 2 of Protocol No. 4;
Whereas at the 680th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 8 October 1999, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,
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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