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 April 1987 by Mr P.D.P. against Italy (Application
No. 13136/87);
Whereas on 26 March 1993 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, as declared admissible by the
Commission on 31 March 1992, the applicant complained of a decision
by the Minister of Justice to take no action on his request for
permission to bring civil proceedings against a guardianship judge
as the legislative provisions invoked had been repealed while the
matter was being examined and as the the new provisions did not
apply retroactively;
Whereas in its report adopted on 18 February 1993 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 499th meeting of the Ministers' Deputies held
on 15 October 1993, 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 20 May 1994;
Whereas, at the 517th meeting of the Deputies held on
21 September 1994, 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, 6 000 000 Italian lire
in respect of non-pecuniary damage and 2 500 000 Italian lire in
respect of costs and expenses, namely a total sum of
8 500 000 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
15 October 1993 and 21 September 1994, having regard to Italy's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that
on 4 April 1995 the Government of Italy paid the applicant the
total sum of 8 500 000 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 (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