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 on 13 September 1995 by the European
Commission of Human Rights in accordance with
Article 31 (art. 31) of the Convention relating to the application lodged on 8
August 1993 by Mr Leonardo Varvaro against Italy (Application No. 25251/94);
Whereas on 16 November 1995 the Commission transmitted the said report to
the Committee of Ministers and whereas the case has not been referred to the
European Court of Human Rights, either by the Commission or by a state entitled
to do so under Article 48 (art. 48) of the Convention, within the time-limit of
three months from the transmission of the report to the Chairman of the
Committee of Ministers; considering, however, that within this time-limit, the
applicant seized the Court in accordance with Protocol No. 9 (P9) but that the
screening panel of the Court decided on 15 May 1996 that this case would not be
considered by the Court; whereas the Committee of Ministers is therefore now
called upon to take a decision in accordance with Article 32
(art. 32) of the Convention and with Article 48 (art. 48) of the Convention as
amended by Article 5 of Protocol No. 9 (P9-5) for those states having ratified
the latter;
Whereas in his application, declared admissible by the Commission on 24
May 1995, the applicant complained of the excessive length of certain civil
proceedings;
Whereas in its report 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 571st meeting of the Ministers' Deputies held on 4
September 1996, 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,
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 (art. 32) of the Convention with a view to adopting the final
resolution.
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