Final resolution DH ( ) 298

( WHEREBY THE FINAL RESOLUTION DH (97) 347 ADOPTED ON  11 JULY 1997

IS NULLIFIED AND REPLACED)

HUMAN RIGHTS

APPLICATION No. 25293/94

V. P. II AGAINST ITALY

(Adopted by the Committee of Ministers on 25 September 1998 at the 640th 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) 296, adopted on 15 May 1997 in the case of V. P. II 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;

Having regard to Final Resolution DH (97) 374, adopted on 11 July 1997 in the present case, in which the Committee of Ministers, agreeing with the Commission’s proposals transmitted to the Committee of Ministers on 25 April 1997, decided that no sum of money was to be paid to the applicant as just satisfaction, and closed the examination of the case on the basis of the information provided by the respondent State as regards general measures;

Whereas, however, the Commission transmitted new proposals on just satisfaction on 1 October 1997, to the Committee of Ministers;

Whereas, at the 626th meeting of the Ministers’ Deputies, the Committee of Ministers, decided to reopen the examination of the case in the light of the new proposals of the Commission and, agreeing with the new Commission's proposals, held by a decision adopted on 22 April 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, 40 000 000 Italian lire in respect of non-pecuniary damage and 500 000 Italian lire in respect of costs and expenses, namely a total sum of 40 500 000 Italian lire, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay 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 15 May 1997 and 22 April 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 accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this case, notably through the entering into force on 24 October 1989 of the new Code of Criminal Procedure (see, inter alia , Resolution DH (92) 54 in the case of Frau against Italy and Resolution DH (94) 15 in the case of Sanfilippo 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 25 June 1998, within the time-limit set, the government of the respondent State paid the applicant the total sum of 40 500 000 as just satisfaction,

Declares, after having taken note of the measures taken by the Government of Italy, that it has exercised its functions under Article 32 of the Convention in this case and that this Resolution annuls and replaces the former Final Resolution DH (97) 374 adopted on 11 July 1997.