RESOLUTION DH (97) 503

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 28 SEPTEMBER 1995 IN THE CASE OF SCOLLO AGAINST ITALY

(Adopted by the Committee of Ministers on 29 October 1997 at the 605th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human Rights in the Scollo case delivered on 28 September 1995 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 19133/91) against Italy, lodged with the European Commission of Human Rights on 19 November 1991 under Article 25 of the Convention by Mr Francesco Salvatore Scollo, an Italian national, and that the Commission declared admissible the complaints relating to the fact that the applicant had been deprived of the use of his apartment;

Recalling that the case was brought before the Court by the Commission on 7 July 1994 ;

Whereas in its judgment of 28 September 1995 the Court unanimously:

_ held, that there had been a violation of Article 1 of Protocol No. 1;

_ held, that there had been a violation of Article 6, paragraph 1 of the Convention;

_ held, that the Government of Italy was to pay the applicant, within three months, 13 634 280 Italian lire in respect of pecuniary damage, 30 000 000 Italian lire in respect of non-pecuniary damage and 14 280 000 Italian lire in respect of costs and expenses;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;

Having invited the Government of Italy to inform it of the measures which had been taken in consequence of the judgment of 28 September 1995 having regard to Italy's obligation under Article 53 of the Convention to abide by it;

Whereas, during the examination of the case by the Committee of Ministers, the Government of Italy gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this Resolution;

Having satisfied itself that the Government of Italy paid the applicant, within the time-limit set, the sums provided for in the judgment of 28 September 1995,

Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 54 of the Convention in this case.

Appendix to Resolution DH (97) 503

Information provided by the Government of Italy

during the examination of the Scollo case

by the Committee of Ministers

The judgment of the European Court of Human Rights has been transmitted to the authorities concerned. In response to the European Court's judgment the Ministry of the Interior sent on 27 September 1996 a circular letter to all prefects in which the Ministry stressed among other things that the Court's judgment constituted an important precedent and invited, accordingly, all prefects to conform therewith by ensuring, if necessary through the use of public force, that eviction orders were executed in accordance with the pertinent legislative provisions.

The Government of Italy is of the opinion that the measures adopted will make it possible to prevent the repetition of violations of the same kind as that found in this case and that, therefore, Italy has fulfilled its obligations under Article 53 of the Convention.

Furthermore, the Italian authorities are considering certain substantial amendments to the legislation relating to the enforcement of eviction orders issued by the national courts (see in particular draft Bill No. 806).