Final resolution DH ( ) 296

HUMAN RIGHTS

APPLICATION No. 20730/92

MAZZELLI 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) 89, adopted on 28 January 1997 in the case of Mazzelli 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 25 April 1997;

Whereas, at the 605th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 29 October 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, 25 000 000 Italian lire in respect of non-pecuniary damage 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 29 October 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 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 21 January 1998, within the time-limit set, the government of the respondent State paid the applicant the total sum of 25 000 000 Italian lire 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.