INTERIM resolution DH (99) 357
HUMAN RIGHTS
APPLICATION No. 25650/94
Santandrea M. AND L. AGAINST Italy
(Adopted by the Committee of Ministers on 9 June 1999
at the 672nd 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 30 November 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 28 September 1994 by two Italian nationals, Mr Marco Santandrea and Mr Luca Santandrea, against Italy;
Whereas on 12 January 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, declared admissible by the Commission on 20 May 1998, the applicants complained that their detention, which lasted around 30 hours after the judge competent for preliminary investigation had ordered their immediate release, had been unlawful;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 5, paragraph 1, of the Convention;
Whereas at the 672nd 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 9 June 1999, that there had been in this case a violation of Article 5, 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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