Resolution DH (2000) 89

concerning the judgment of the European Court of Human Rights of 11 January 2000 in the case of Moni Salvatore Angelo against Italy

(Adopted by the Committee of Ministers on 24 July 2000 at the 716th 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 final judgment of the European Court of Human Rights in the Moni case delivered on 11 January 2000 and transmitted to the Committee of Ministers on the same date under Article 46 of the Convention;

Recalling that the case originated in an application (No. 35784/97) against Italy, lodged with the European Commission of Human Rights on 10 January 1997 under previous Article 25 of the Co n vention by Mr Salvatore Angelo Moni , an Italian national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the monitoring of the applicant’s correspondence ordered by the judge responsible for the execution of sentences when the applicant was in prison;

Whereas in its judgment of 11 January 2000 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent State and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list and took note of the parties undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Italy would pay the applicant the sum of 7 000 000 Italian lires in respect of non pecuniary damage and costs incurred as soon as the judgment is notified;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of previous Article 54 which are, for the time being, applicable by analogy to cases transmitted to it under Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 28 March 2000, the Government of the respondent State had paid the applicant the sum provided for in the friendly settlement;

Recalling that the Committee of Ministers is at present supervising the execution of other judgments of the Court (notably the cases of Diana and Domenichini, judgments of 15 November 1996) also concerning the system of monitoring of prisoners’ correspondence in Italy and that in those judgments the Court had found that this system was not in conformity with Article 8 of the Convention;

Whereas, in this connection, the Italian authorities have indicated, in the present friendly settlement, that, in order to prevent in the future the occurrence of situations similar to those denounced by the applicant under Article 8 of the Convention and relating to the monitoring of his correspondence, on 23 July 1999, the Italian Government tabled before the Senate a bill (No. 4172) aiming at amending the Law No. 354 of 26 July 1975, in particular regarding the monitoring of prisoners’ correspondence; according to the Minister of Justice’s report to the Senate, this bill should remedy the violations found by the Court in the Diana and Domenichini cases above mentioned,

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.