Resolution CM/ResDH(2013)63 Three cases against Italy (Capitani and Campanella, Paleari and Pozzi) Execution of the judgment of the European Court of Human Rights

(Application No. 24920/07, judgment of 17/05/2011, final on 17/08/2011 Application No. 55772/08, judgment of 26/07/2011 Application No. 55743/08, judgment of 26/07/2011)

(Adopted by the Committee of Ministers on 30 April 2013 at the 1169th meeting of the Ministers ’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgments transmitted by the Court to the Committee in the above cases and to the violations established;

Recalling the respondent State ’ s obligation under Article 46, paragraph 1, of the Convention to abide by all final judgments in cases to which it is party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court in the cases of Paleari and Pozzi (see document DH-DD(2013)170E ) ;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.

Revised action report

Cases of

- PALEARI v. ITALY, Application No. 55772/08, final on 26 July 2011;

- POZZI v. ITALY, Application No. 55743/08, final on 26 July 2011;

- CAPITANI and CAMPANELLA v. ITALY, Application No. 24920/07, final on 17 August 2011.

Cases summary

Impossibility to request a public hearing in proceedings for the application of preventive measures aimed at the seizure and confiscation of property and movable assets of the applicants (cases of Paleari and of Capitani and Campanella) or of the applicant ’ s company (case of Pozzi), due to suspicions of membership of a criminal organisation (violations of Article 6, paragraph 1).

These cases present similarities with the group of cases Bocellari and Rizza, Bongiorno and others, Leone, Perre and others against Italy, closed by final Resolution CM/ResDH(2011)123. [1]

Individual measures

- Just satisfaction

The European Court awarded 3 000 euros to each applicant in the cases of Paleari and of Pozzi, for costs and expenses. No just satisfaction was awarded in the case of Capitani and Campanella.

Just satisfaction was paid on 13 December 2011.

- Other individual measures:

The Court held that the finding of the violation constituted in itself sufficient just satisfaction for the non ‑ pecuniary damage sustained by the applicants. As regards pecuniary damages, the Court found no causal link between the violation and the damages claimed.

It should be noted that the applicants did participate in the proceedings following those at issue, which resulted in the confiscation of many assets, together with the public prosecutor. In addition, two levels of jurisdiction decided on the merits of each case.

No further individual measures are therefore necessary.

General measures

Reference is made to the general measures adopted in the above mentioned group of cases Bocellari and Rizza, Bongiorno and others, Leone, Perre and others against Italy, already closed by final Resolution CM/ResDH(2011)123.

Conclusion

The government considers that no further individual and general measure are required in this case and that Italy has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th meeting of the Ministers’ Deputies.