Final Resolution ResDH(2001)137
Human Rights
Application No. 34288/96
Porretta against Italy
(Adopted by the Committee of Ministers on 15 October 2001
at the 764th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH (98) 327, adopted on 25 September 1998 in the case of Porretta against Italy, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit, and to make public the report of the European Commission of Human Rights;
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 23 June 1998;
Whereas at the 647th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 25 November 1998, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, 500 000 Italian Lire in respect of non-pecuniary damage, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay, at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 25 September 1998 and 25 November 1998, having regard to Italy’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state drew the Committee’s attention to the fact that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the judgment had accordingly been sent out to them;
Whereas the Committee of Ministers satisfied itself that on 9 April 1999, after the expiry of the time-limit set, the government of the respondent state had paid the applicant the total sum of 500 000 Italian Lire as just satisfaction, and that the default interest due was paid on 29 November 2000,
Declares, after having taken note of the measures taken by the Government of Italy, that it has exercised its functions under former Article 32 of the Convention in this case.
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