INTERIM RESOLUTION DH (97) 413 HUMAN RIGHTS APPLICATION No. 20177/92 ALDINI 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 27 November 1996, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 14 April 1992 by Ms Carla Aldini against Italy (Application No. 20177/92);

Whereas on 15 January 1997 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 her application, declared admissible by the Commission on 27 June 1996, the applicant complained of the sustained impossibility to obtain the implementation of the judicial decision ordering her tenant's expulsion, and the length of the period during which this decision was not implemented.

Whereas in its report the Commission expressed, unanimously, that there had been a violation of Article 6, paragraph 1, of the Convention and that there had been a violation of Article 1 of Protocol No. 1, of the Convention.

Whereas, at the 599th 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 17 September 1997, that in this case there had been a violation of Article 6, paragraph 1, of the Convention, and that there had been a violation of Article 1 of Protocol No. 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.