INTERIM RESOLUTION DH (98) 48

HUMAN RIGHTS

APPLICATION No. 22873/93

ARCONTE AGAINST ITALY

(Adopted by the Committee of Ministers on 18 February 1998

at the 618th 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 21 May 1997, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 11 December 1992 by Mr Antonino Arconte against Italy (Application No. 22873/93);

Whereas on 24 June 1997 the Commission transmitted the said report to the Committee of Ministers and the case has not been referred to the European Court of Human Rights, either by the Commission or by a State entitled to do so under Article 48 of the Convention within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; whereas, however within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but considering that the screening panel of the Court decided on 30 October 1997 that this case would not be considered by the Court, the Committee of Ministers is now called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;

Whereas in his application, as declared admissible by the Commission on 12 April 1996, the applicant complained of the excessive length of certain criminal proceedings and the hindering the exercise of the right of individual petition under Article 25 of the Convention;

Whereas in its report the Commission expressed, by ten votes to six, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention and, unanimously, that there was no violation of Article 25, paragraph 1 of the Convention;

Whereas, at the 618th 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 agreeing with the opinion expressed by the Commission, held, by a decision adopted on 18 February 1998, that there had been in this case a violation of Article 6, paragraph 1, of the Convention and that there had been no violation of Article 25, paragraph 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 Article 32 of the Convention with a view to adopting the final resolution.