FINAL RESOLUTION DH (98) 76

HUMAN RIGHTS

APPLICATIONS Nos. 20290/92 AND 20413/92

DE MITRI G. AND A. AGAINST ITALY

(Adopted by the Committee of Ministers on 22 April 1998

at the 626th 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) 293, adopted on 15 May 1997 in the case of De Mitri G. and A. 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 applicants, proposals supplemented by a letter of the President of the Commission dated 20 March 1997;

Whereas, at the 599th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held, by a decision adopted on 17 September 1997, in accordance with Article 32, paragraph 2, of the Convention, that the respondent Government was to pay as just satisfaction, within three months, 60 000 000 Italian lire in respect of non-pecuniary damage to Mr De Mitri Gaetano and 50 000 000 Italian lire in respect of non-pecuniary damage to Mr De Mitri Antonio, namely a total sum of 110 000 000 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 by the Committee of Ministers at its 599th meeting (17 September 1997) 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 applicants;

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 and 17 September 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 adoption on 24 October 1989 of the new Code of Criminal Proceedure (see Resolution DH (92) 54 in the case of Frau against Italy and Resolution DH (94) 15 in the case of Sanfilippo against Italy), and 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 17 November 1997, within the time-limit set, the Government of the respondent State paid the applicants the total sum of 110 000 000 Italian lire as just satisfaction,

Declares, 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.