Interim Resolution ResDH (2002)30

F.C.B. against Italy, judgment of the European Court of Human Rights of 28 August 1991 Dorigo against Italy, Interim Resolution DH(99)258 Reopening of judicial proceedings in violation of the European Convention of Human Rights

(Adopted by the Committee of Ministers on 19 February 2002 at the 783rd meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, parag raph 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 its decision of 15 April 1999 1 under former Article 32 of the Convention in the Dorigo case and to the judgment of the European Court of Human Rights of 28 August 1991 in the F.C.B. case 2 , both establishing violations of the right to a fair trial guaranteed by Article 6 of the Convention;

Recalling the obligation of every State, under Article 46, paragraph 1, of the Convention, to abide by the judgments of the Court, notably by adopting, where necessary, individual measures putting an end to the violations found and removing as far as possible their effects for the victims;

Having regularly invited the Government of Italy to inform it of the measures taken by the Italian authorities to comply with the abovementioned obligation;

Noting that, so far, the absence of means to reopen the impugned proceedings has made it impossible fully to rectify the serious and continuing consequences of the violations found;

Noting with satisfaction that legislative work is under way in order to secure Italy’s ability to abide by the decisions in the above-mentioned cases;

Noting, in this context, the Government’s undertaking to ensure that the new provisions will be applicable also to cases decided by the Committee of Ministers itself;

Noting, furthermore, that the Italian authorities could, in the course of the ongoing legislative work, envisage to broaden the possibilities of reopening so that these will also cover other types of violations of the Convention than those established in the two cases here at issue;

Recalling the basic principles contained in its Recommendation No. R(2000)2 to the member States on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights adopted by the Committee of Ministers on 19 January 2000 3 ;

Encourages the Italian authorities to ensure the rapid adoption of new legislation in conformity with the principles in the above Recommendation No. R (2000) 2,

Decides to resume consideration of the matter once new legislation has been adopted or, at the latest, at its 810 th meeting (October 2002).

Note 1 Interim Resolution DH(99)258.

Note 2 Resolution DH(93)6; the case was reopened by the Committee of Ministers at its 721 st meeting on 2 October 2000 as a result of a serious risk that the applicant be extradited to Italy to serve the sentence imposed in the impugned proceedings.

Note 3 Available on the internet : http://cm.coe.int/ta/rec/2000/2000r2.htm