Final resolution DH () 370
HUMAN RIGHTS
APPLICATIONS Nos. 29673/96 & 29674/96
SCARLATO G.S. AND D. AGAINST ITALY
(Adopted by the Committee of Ministers on 12 November 1998
at the 647th 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 (98) 198, adopted on 11 June 1998 in the case of Scarlato G.S. and D. against Italy, in which the Committee of Ministers decided that there had been in this case 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 14 April 1998;
Whereas, at the 633rd meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 11 June 1998, in accordance with Article 32, paragraph 2, of the Convention, that the government of the respondent State was to pay, within three months, as just satisfaction to each applicant, the sum of 14 288 500 Italian lire in respect of non-pecuniary damage and the sum of 750 000 Italian lire in respect of costs and expenses, namely a total sum of 30 077 000 Italian lire, 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 both of its decisions of 11 June 1998 having regard to Italy’s obligation under 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 accordingly recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, notably through a legislative decree of 15 November 1993 (No. 453) converted into parliamentary legislation by Act No. 19 of 14 January 1994, which amended the organisation of the Court of Audit (see Resolution DH (94) 25 in the case of Giancarlo Lombardo against Italy), and indicated that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned;
Whereas the Committee of Ministers satisfied itself that on 6 July 1998, within the time-limit set, the government of the respondent State had paid the applicants the total sum of 30 077 000 Italian lire as just satisfaction,
Declares, after 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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