RESOLUTION DH (97) 489

HUMAN RIGHTS APPLICATION No. 15489/89 ORTOMBINA 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 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 5 May 1993, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 6 June 1989 by Mr Livio Ortombina against Italy (Application No. 15489/89);

Whereas on 23 June 1993 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;

Whereas in his application, declared admissible by the Commission on 8 January 1992, the applicant complained of the excessive length of certain criminal proceedings;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;

Whereas, at the 501st 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 agreed with the opinion expressed by the Commission, held, by decision adopted on 10 November 1993, that there had been in this case a violation of Article 6, paragraph 1, of the Convention;

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 8 July 1994;

Whereas, at the 567th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 25 June 1996, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Italy was to pay the applicant as just satisfaction, within three months, the sum of 4 000 000 Italian lire for non-material damage and the sum of 2 000 000 Italian lire for costs and expenses, ie. the total sum of 6 000 000 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 applicant;

Whereas the Committee of Ministers invited the Government of Italy to inform it of the measures taken following its decisions of 10 November 1993 and 25 June 1996, having regard to Italy's obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas the Government of Italy 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 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 the Government of Italy paid the applicant the total sum of 6 000 000 Italian lire as just satisfaction within one month of the time-limit set and that, thus no default interest was due in accordance with the above-mentioned decisions of the Committee of Ministers concerning the modalities of default interest payment,

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;

Authorises the publication of the report adopted by the Commission in this case.