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 Interim Resolution DH (95) 442, adopted in the case
of Vinciguerra against Italy (Application No. 19722/92) in which the Committee
of Ministers decided that there had been in this case a violation of Article 6,
paragraph 1 (art. 6-1), 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 8 March 1996;
Whereas, at the 564th meeting of the Deputies held on
30 April 1996, the Committee of Ministers decided, in accordance with Article
32, paragraph 2 (art. 32-2), of the Convention, that the Government of Italy
should not pay the applicant any sum as just satisfaction as the latter had not
submitted such a claim;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 15 December 1995 and
15 May 1996, 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 recalled that measures had already been
taken to prevent the repetition of the violation found in this case, notably
through the entering into force 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),
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.
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