Resolution ResDH (2003)17 concerning the judgment of the European Court of Human Rights of 16 September 1999 in the case of Buscemi against Italy

(Adopted by the Committee of Ministers on 24 February 2003 at the 827th meeting of the Ministers’ Deputi es)

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 final judgment of the European Court of Human Rights in the Buscemi case delivered on 16 September 1999 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 29569/95) against Italy, lodged with the European Commission of Human Rights on 23 June 1995 under former Article 25 of the Convention by Mr Vincenzo Ettore Buscemi , an Italian national, and that the Commission declared admissible the complaint that the applicant’s right to respect for family life had been violated on account of the measures taken by the Turin Youth Court to remove his daughter from him, including the way a psychological examination was carried out, as well as on account of the statements made in the press on the merits of the case by the presiding judge of the Youth Court; and the complaint relating to the lack of impartiality of the Presiding judge of the Turin Youth Court;

Recalling that the case was brought before the Court by the Commission on 4 December 1998;

Whereas in its judgment of 16 September 1999 the Court:

- held, unanimously, that there had been a violation of Article 6, paragraph 1, of the Convention as regards the partiality of the Presiding judge of the Youth Court since the latter had made public statements on the merits of the case before delivering the judgment;

- held, unanimously, that there had been no violation of Article 8 of the Convention as regards the measures taken to remove the applicant’s daughter from him, the way a psychological expertise was carried out and the public statements by the Presiding judge of the Youth Court since the applicant had himself disclosed his identity in the press;

- held, by six votes to one, that the present judgment constituted in itself sufficient just satisfaction in respect of non-pecuniary damage;

- held, unanimously, that the government of the respondent state was to pay the applicant, within three months, 1 000 000 Italian lire for costs and expenses, plus simple interest at an annual rate of 2.5% from the expiry of the above-mentioned three months until settlement;

- dismissed, unanimously, the remainder of the applicant’s claim for just satisfaction;

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 measures which had been taken in consequence of the judgment of 16 September 1999, having regard to Italy’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state observed that the violation of the Convention was so closely linked to the specific circumstances of the case that no question of general measures arose; nevertheless in order to inform the authorities directly concerned of the outcome of the case, the Court’s judgment has been sent out to the Turin Youth Court as well as to the Italian Supreme Judicial Council; in addition, the Court’s judgment has been published in Italian in the legal review Rivista internazionale dei Diritti dell’uomo , No. 1 of January-April 2000, pp. 291 and following, and an extract in French is presented on the web site of La Consulta per la Giustizia Europea dei Diritti dell'Uomo ( organised by a number of associations of lawyers and magistrates): www.dirittiuomo.it ; furthermore, it is remained open to the applicant to institute at any time new proceedings, respecting Article 6 of the Convention, to have a re-examination of all questions linked to the removal of the child from the applicant;

Having satisfied itself that on 2 December 1999, within the time-limit set, the government of the respondent state had paid the applicant the sum provided for in the judgment of 16 September 1999,

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