INTERIM resolution DH ( ) 394

HUMAN RIGHTS

APPLICATION No.  35304/97

A.I. II AGAINST ITALY

(Adopted by the Committee of Ministers on 12 November 1998 at the 647th 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 the report drawn up on 10 March 1998, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 22 February 1996 by an Italian national, Ms A.I. against Italy;

Whereas on 13 May 1998 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, par a graph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Convention;

Whereas in her application, declared admissible by the Commission on 9 December 1997, the applicant complained of the excessive length of certain civil proceedings as well as of a violation of her right to the peaceful enjoyment of her possessions;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention and that it was not necessary to examine whether there had been a violation of Article 1 of Protocol No. 1, of the Convention;

Whereas, at the 647th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 12 November 1998, that there had been in this case a violation of Article 6, par a graph 1, of the Convention,

Authorises the publication of the report adopted by the Commission in this case;

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Co n vention with a view to adopting the final resolution.