INTERIM RESOLUTION DH (97) 15
HUMAN RIGHTS
APPLICATION No. 14200/88
PELLEGRINI 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 15 May 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 2 July 1988 by Mr Adolfo Pellegrini against Italy (Application No. 14200/88);
Whereas on 14 June 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 his application, as declared admissible by the Commission on 5 April 1993, the applicant complained of the prolonged impossibility of obtaining the execution of a decision ordering the eviction of his tenant;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 1, paragraph 1, of Protocol No. 1 as regards on the one hand the legislative suspension of the execution of the expulsion decision and on the other the applicant's inability to obtain the assistance of the authorities because of the maladministration of the enforcement office in Rome;
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 a violation of Article 1, paragraph 1, of Protocol No. 1 as regards on the one hand the legislative suspension of the execution of the expulsion decision and on the other the applicant's inability to obtain the assistance of the authorities because of the maladministration of the enforcement office in Rome,
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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