Final resolution DH ( ) 365

HUMAN RIGHTS

APPLICATION No. 27482/95

TOBIA 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 Interim Resolution DH (97) 107, adopted on 28 January 1997 in the case of Tobia against Italy, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention 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 19 December 1996;

Whereas, at the 590 th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission's proposals, held by a decision adopted on 15 May 1997, 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, the sum of 16 000 000 Italian lire in respect of non-pecuniary damage and the sum of 1 500 000 Italian lire in respect of costs and expenses, namely a total sum of 17 500 000 Italian lire, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay in accordance with the decision adopted on 17 Se p tember 1997 by the Committee of Ministers at its 599th meeting on the general principles regarding the payment of default interest 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 15 May 1997, 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 accordingly 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 legislative decree of 15 November 1993 (No. 453) converted into parliamentary legislation by Act No. 19 of 14 January 1994, which amended the organisation of the Court of Audit (see Resolution DH (94) 25 in the case of Giancarlo Lombardo against Italy), and 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 on 19 August 1997, the government of the respondent State had paid the applicant the total sum of 17 500 000 Italian lire as just satisfaction, 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 concerning the modalities of default interest pa y ment,

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.