Resolution ResDH (2004)11

concerning the judgment of the European Court of Human Rights of 2 August 2001 (final on 12 December 2001) in the case of Vittorio and Luigi Mancini against Italy

(Adopted by the Committee of Ministers on 24 February 2004 at the 871st 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, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Vittorio and Luigi Mancini case delivered on 2 August 2001 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the judgment of the Court became final on 12 December 2001 since, at this date, the government of the respondent state was informed that the request for a re-hearing before the Grand Chamber had been dismissed;

Recalling that the case originated in an application (No. 44955/98) against Italy, lodged with the European Commission of Human Rights on 18 May 1998 under former Article 25 of the Co n vention by Mr Vittorio Mancini and Mr Luigi Mancini , Italian nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the illegality of the applicants’ detention on remand for at least three days after a judge had authorised their placement under house arrest;

Whereas in its judgment of 2 August 2001 the Court held, by four votes to three, that there had been a violation of Article 5, paragraph 1 c), of the Convention;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 2 August 2001, having regard to Italy’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Court’s judgment had been published in Italian in the prison administration journal Le Due Città on March 2002 (pp. 52-57) and sent out to the Department of Prison Administration;

Declares, after having taken note of the information supplied by the Government of Italy, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.