RESOLUTION DH (97) 502

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 7 AUGUST 1996

IN THE CASE OF FERRANTELLI AND SANTANGELO 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 Conven ­ tion 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 Ferrantelli and Santangelo case delivered on 7 August 1996 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 19874/92) against Italy, lodged with the European Commission of Human Rights on 2 February 1992 under Article 25 of the Convention, by Mr Vicenzo Ferrantelli and Mr Gaetano Santangelo, both Italian nationals, and that the Commission declared admissible their complaints regarding the length and fairness of certain criminal proceedings instituted against them and regarding the composition of the juvenile court which tried them ;

Recalling that the case was brought before the Court by the Commission and by the Government of Italy on 29 May 1995 ;

Whereas in its judgment of 7 August 1996 the Court:

– held, unanimously, that there had been a violation of Article 6, paragraph 1, of the Convention as regards the length of the proceedings ;

– held, unanimously, that there had been no violation of Article 6, paragraphs 1 and 3 d as regards the right to a fair trial ;

– held, by eight votes to one, that there had been a violation of Article 6, paragraph 1, on account of the lack of impartiality of the Juvenile Section of the Caltanissetta Court of Appeal ; and

– dismissed unanimously the applicants' claims for just satisfaction ;

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 7 August 1996, 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 accordingly gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution,

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) 502

Information provided by the Government of Italy

during the examination of the Ferrantelli and Santangelo case

by the Committee of Ministers

The Ministry of Justice has sent a circular letter to all the criminal courts as well as to the prosecutor's offices attached to them in order to ensure the diffusion of the Court's judgment.

Moreover, in its judgment No. 371 of 2 November 1996, the Constitutional Court has declared Article 34, paragraph 2, of the Code of Criminal Procedure as unconstitutional, in so far as it allowed the same judge to take part in consideration of a person's guilt with respect to an offence, at several instances.

Hence, the Government considers that these measures will prevent the repetition of the violation of Article 6, paragraph 1, of the Convention found by the Court, and that Italy has accordingly fulfilled its obligations under Article 53 of the Convention.