Final Resolution ResDH (2003)151

Human Rights Application No. 25650/94 Santandrea against Italy

(Adopted by the Committee of Ministers on 20 October 2003 at the 854th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH(99)357, adopted on 9 June 1999 in the case of Santandrea against Italy, in which the Committee of Ministers decided that there had been a violation of Article 5, paragraph 1, of the Convention on account of the unlawfulness of the applicants’ detention for approximately 30 hours after the judge competent for the preliminary investigation had ordered their immediate release, 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 27 September 1999;

Whereas at the 688th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 3 December 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay each of the two applicants as just satisfaction, within three months, 10 000 000 Italian lire in respect of non-pecuniary damage and 3 000 000 Italian lire in respect of costs and expenses, namely a total sum of 26 000 000 Italian lire, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicants;

Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 9 June 1999 and 3 December 1999, having regard to Italy’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state accordingly gave the Committee information about the measures taken in consequence of the Committee’s decisions taken to avoid new violations of the same kind as the one found in this case (this information a p pears in the appendix to this resol u tion);

Whereas the Committee of Ministers satisfied itself that on 16 February 2000, within the time-limit set, the government of the respondent state had paid the applicants the total sum of 26 000 000 Italian lire as just satisfaction,

Declares, after having examined the measures taken by Italy, that it has exercised its fun c tions under former Article 32 of the Convention in this case.

Appendix to Final Resolution ResDH (2003)151

Information provided by the Government of Italy during the examination of the Santandrea case by the Committee of Ministers

In this case, the order for the applicants’ immediate release was implemented late, thus violating the Convention, due to the fact that no-one was on duty in the Court’s registry during the week-end.

In order to prevent this problem from occurring again in the future, the Department of penitentiary administration of the Ministry of Justice, in its circular letter No. 3498/5948 of 19 April 1999, addressed to the Directors of Prisons’ and to regional inspectors of the penitentiary administration, recalled that the immediate release of prisoners should permanently be assured, 24 hours a day, every day. To this effect, the circular letter establishes precise and coherent provisions about the procedure to be followed in the prisons.

Furthermore, the Commission’s report was transmitted to the authorities directly involved in the case.

The Government of Italy considers that these measures effectively prevent the risk of new violations similar to that found in this case and that Italy has therefore fulfilled its obligations under former Article 32 of the Convention.