FINAL RESOLUTION DH (97) 349

HUMAN RIGHTS

APPLICATION No. 26878/95

L. C. IV AGAINST ITALY

(Adopted by the Committee of Ministers on 11 July 1997

at the 597th 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 Interim Resolution DH (96) 658, adopted in the case of L C. IV against Italy (Application No. 26878/95) in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and to make public the report of the European Commission of Human Rights;

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 25 September 1996;

Whereas at the 582nd meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commissions proposals, held, by a decision adopted on 28 January 1997, 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 9 000 000 Italian lire for non-material damage and the sum of 1 000 000 Italian lire for costs and expenses, namely a total sum of 10 000 000 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 15 November 1996 and 28 January 1997, having regard to Italy’s obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas the Government of Italy accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this 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 25 February 1997, within the time-limit set, the Government of Italy paid the applicant the total sum of 10 000 000 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.