Resolution ResDH(2000)147

concerning the judgment of the European Court of Human Rights of 8 February 2000 (final on 29 June 2000) in the case of Scuderi Angelo against Italy

(Adopted by the Committee of Ministers on 18 December 2000 at the 732 nd 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 Scuderi Angelo case delivered on 8 February 2000 and transmitted to the Committee of Ministers once it had become final under Article 46 of the Convention;

Recalling that the judgment of the Court became final on 29 June 2000 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. 41822/98) against Italy, lodged with the European Commission of Human Rights on 8 February 1997 under Article 25 of the unamended Co n vention by Mr Angelo Scuderi , an Italian national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint of the excessive length of certain proceedings concerning civil rights and obligations brought by the applicant before the Court of Audit;

Recalling that the applicant died in the course of the proceedings and that his heirs, Ms Antonina Sinatra, Mr Salvatore Antonio Scuderi and Mr Giuseppe Alfio Scuderi, have expressed the wish to continue the proceedings;

Whereas in its judgment of 8 February 2000 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the Government of the respondent State was to pay each of the applicant’s heirs, within three months, 20 000 000 Italian lire in respect of non-pecuniary damage and 102 950 Italian lire in respect of costs and expenses, and that simple interest at an annual rate of 2.5 % would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of previous Art i cle 54 of the Convention which are, for the time being, applicable by analogy to cases under Article 46, paragraph 2, of the Convention as amended by Protocol No. 11;

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 8 February 2000, 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 sent out to the authorities directly concerned;

Having satisfied itself that on 14 September 2000, within the time-limit set, the Government of the respondent State had paid the a p plicant’s heirs the sum provided for in the judgment of 8 February 2000,

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.