Final Resolution DH (2000) 100

Human Rights

Application No. 14200/88

Pellegrini Adolfo 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 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 (97) 15, adopted on 28 January 1997 in the case of Pellegrini Adolfo against Italy, in which the Committee of Ministers decided that there had been a violation of Article 1, paragraph 1, of Protocol No. 1 as regards, on the one hand, the legislative suspension of the execution of the decision ordering the eviction of the applicant’s tenant and, on the other hand, the applicant’s impossibility to obtain the assistance of the Italian authorities to have that decision enforced, because of the maladministration of the enforcement office in Rome, and decided 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 20 July 1998;

Whereas at the 640th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 25 September 1998, in  accordance with 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, 15 000 000 Italian lires in respect of non-pecuniary damage and 1 000 000 Italian lires in respect of costs and expenses, namely a total sum of 16 000 000 Italian lires, 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 28 January 1997 and 25 September 1998, having regard to Italy’s obligation under 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 indicated 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 16 000 000 Italian lires as just satisfaction on 30 December 1998, within one week 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 Article 32 of the Convention in this case.