FINAL RESOLUTION DH (97) 122
HUMAN RIGHTS
APPLICATION No. 24049/94
R. AND E. R. 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 Interim Resolution DH (95) 294, adopted in the case of R. and E. R. against Italy (Application No. 24049/94) in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention 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 applicants, proposals supplemented by a letter of the President of the Commission dated 27 October 1995;
Whereas at the 582nd meeting of the Ministers' Deputies, the Committee of Ministers held, by a decision adopted on 28 January 1997, in accordance with Article 32, paragraph 2, of the Convention, that no sum of money was to be paid to the applicants as just satisfaction, since they had neither submitted a provisional claim nor a final claim within the prescribed time-limit;
Whereas the Committee of Ministers invited the Government of Italy to inform it of the measures taken following its decisions of 7 November 1995 and 28 January 1997, having regard to Italy's obligation under Article 32, paragraph 4, of the Convention to abide by them;
Whereas the Government of Italy recalled that measures had already been taken to prevent the repetition of the violation found in this case, notably through the entry into force on 30 April and 1 May 1995 of two laws restructuring the civil courts and speeding up the proceedings in civil cases (see Resolution DH (95) 82 in the case of Zanghì against Italy),
Declares, having taken note of the measures taken by the Government of Italy, that it has exercised its functions under Article 32 of the Convention in this case.
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