RESOLUTION DH (97) 399

HUMAN RIGHTS

APPLICATION No. 17657/91

MACALUSO II AGAINST ITALY

(Adopted by the Committee of Ministers on 17 September 1997

at the 599th 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 22 February 1995, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 4 January 1991 by Mr Joseph Macaluso against Italy (Application No. 17657/91);

Whereas on 6 April 1995 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, as declared admissible by the Commission on 2 September 1994, 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 546th 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 19 October 1995, 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 26 January 1996;

Whereas, at the 571st meeting of the Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 13 September 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 15 000 000 Italian lire for non-material damage and the sum of 2 000 000 Italian lire for costs and expenses, ie. the total sum of 17 000 000 Italian lire and that interest should be payable on any unpaid sum 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 19 October 1995 and 13 September 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, within the time-limit set, the Government of Italy paid the applicant the total sum of 17 000 000 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;

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