FINAL RESOLUTION DH (97) 568
HUMAN RIGHTS
APPLICATION No. 22979/93
ISNARDI AGAINST ITALY
(Adopted by the Committee of Ministers on 15 December 1997
at the 610th 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 Interim Resolution DH (97) 88, adopted on 28 January 1997 in the case of Isnardi against Italy (Application No. 22979/93) 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 applicant, proposals supplemented by a letter of the President of the Commission dated 25 April 1997;
Whereas, at the 597th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 11 July 1997, in accordance with Article 32, paragraph 2, of the Convention, that no sum of money was to be paid to the applicant as just satisfaction, as the applicant had not submitted any claims to this effect within the time-limit set;
Whereas the Committee of Ministers invited the Government of Italy to inform it of the measures taken following its decision of 28 January 1997, 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 Italy accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this case, notably through the adoption on 24 October 1989 of the new Code of Criminal Proceedure (see inter alia Resolution DH (92) 54 in the case of Frau against Italy and Resolution DH (94) 15 in the case of Sanfilippo against Italy), and that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned,
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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