RESOLUTION DH (96) 564

HUMAN RIGHTS

APPLICATION No. 23601/94

A. A. AND E. A. AGAINST ITALY

(Adopted by the Committee of Ministers on 13 September 1996

at the 571st 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 28 February 1995, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 2 June 1993 by Mr A. A. and Mr E. A. against Italy (Application No. 23601/94) ;

Whereas on 28 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 their application, declared admissible by the Commission on 7 December 1994, the applicants complained of the excessive length of certain civil 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 held on 19 October 1995 the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, 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 applicants, proposals supplemented by a letter of the President of the Commission dated 15 September 1995 ;

Whereas, at the 549th meeting of the Deputies held on 20 November 1995 the Committee of Ministers decided, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Italy was to pay each applicant, Mr A. A., as just satisfaction, within three months, 2 000 000 Italian lire in respect of non-pecuniary damage and 1 000 000 Italian lire in respect of costs and expenses and Mr E. A., as just satisfaction, within three months, 4 000 000 Italian lire in respect of non-pecuniary damage and 1 000 000 Italian lire in respect of costs and expenses, namely a total sum of 8 000 000 Italian lire ;

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 20 November 1995, 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, through notably the entry into force on 30 April and 1 May 1995 of two laws restructuring the civil courts and speeding up the proceedings in civil cases (see Resolution DH (95) 82 in the case of Zanghì against Italy) ;

Whereas the Committee of Ministers satisfied itself that on 15 March 1996 and on 10 June 1996 respectively, the Government of Italy paid the applicants Messrs A. A. and E. A. the total sum of 8 000 000 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.