Final Resolution ResDH(2000)124

Human Rights

Application No. 17360/90

Melise against Italy

(Adopted by the Committee of Ministers on 2 October 2000 at the 721st 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) 36, adopted on 18 January 1999 in the case of Melise against Italy, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the unfairness of the in absentia criminal proceedings brought against him, 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 30 March 1999;

Whereas at the 695th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 14 February 2000, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 5 000 000 Italian lire in respect of non-pecuniary damage 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 applicant;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 18 January 1999 and 14 February 2000, 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 recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, notably through a modification of the rules in respect of restitution of time ( restituzione nel termine ), following the introduction of a new code of criminal procedure in 1989 (see for further details, Resolution DH (93) 64 adopted in the case of Colozza against Italy), the Government indicated in addition that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that the Government of the respondent State had paid the applicant the total sum of 5 000 000 Italian lire as just satisfaction on 23 May 2000, i.e. within one month of the time-limit set, and thus no default interest was due in accordance with the above-mentioned decision of the Committee of Ministers on just satisfaction,

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