RESOLUTION DH (97) 402

HUMAN RIGHTS

APPLICATION No. 20008/92

FUSAROLI CASADEI 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 7 December 1994 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 27 March 1992 by Mr Umberto Fusaroli Casadei against Italy (Application No. 20008/92);

Whereas on 12 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, declared admissible by the Commission on 13 April 1994, the applicant complained of the excessive length of certain civil proceedings before the Court of Audit;             

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 539th 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 7 June 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 May 1995;

Whereas, at the 559th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 22 March 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, 5 000 000 Italian lire in respect of non-pecuniary damage and 500 000 Italian lire in respect of costs and expenses, namely a total sum of 5 500 000 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 7 June 1995 and 22 March 1996, having regard to Italy's obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Government of Italy accordingly recalled that measures had been taken to prevent the repetition of the violation found in the present case through the reform of the organisation of the Court of Audit (see, notably, Resolution DH (94) 25 in the case of Giancarlo Lombardo), 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 on 26 July and 9 August 1996 the Government of Italy paid the applicant as just satisfaction in two instalments the sum of 5 500 000 Italian lire and, on 15 November 1996, the sum of 58 165 Italian lire as interest, namely the total sum of 5 558 165 Italian lire;

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.