The Committee of Ministers, under the terms of Article 32
(art. 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 by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the application lodged on
16 April 1989 by Mrs Oriana Toncelli-Fabbri against Italy
(Application No. 15078/89);
Whereas on 16 April 1992 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 (art. 32-1),
of the Convention has elapsed without the case having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in her application, declared admissible by the
Commission on 8 July 1991, the applicant complained of the
excessive length of certain civil proceedings;
Whereas in its report adopted on 13 February 1992 the
Commission expressed, unanimously, the opinion that there had been
a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 479th meeting of the Ministers' Deputies held
on 17 September 1992, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
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
8 April 1993;
Whereas, at the 494th meeting of the Deputies held on
18 May 1993, the Committee of Ministers decided, in accordance with
Article 32, paragraph 2 (art. 32-2), of the Convention, that the
Government of Italy was to pay the applicant as just satisfaction,
within three months, 8 000 000 Italian lire in respect of
non-pecuniary damage;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
17 September 1992 and 18 May 1993, having regard to Italy's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
Whereas, the Government of Italy informed the Committee of
Ministers that the reform adopted to speed up the procedure in
civil cases (see Resolution DH (95) 82 adopted in the case of
Zanghì) would also be applied to situations comparable to the one
at issue in the present case;
Whereas the Committee of Ministers satisfied itself that on
9 November 1993 the Government of Italy paid the applicant the
total sum of 8 000 000 Italian lire as just satisfaction,
Declares, having taken note of the measures taken by the
Government of Italy, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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