RESOLUTION DH (96) 565

HUMAN RIGHTS

APPLICATION No. 17955/91

DOMENICO PAGETTI 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 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 17 January 1991 by Mr Domenico Pagetti against Italy (Application No. 17955/91) ;

Whereas on 12 January 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 6 September 1994, the applicant complained of the excessive length of certain civil proceedings ;

Whereas in its report adopted on 7 December 1994 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 held on 7 June 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 applicant, proposals supplemented by a letter of the President of the Commission dated 26 May 1995 ;

Whereas, at the 542nd meeting of the Deputies held on 7 September 1995, the Committee of Ministers decided, 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, 4 000 000 Italian lire in respect of non-pecuniary damage ;

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 7 September 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 22 July 1996, the Government of Italy paid the applicant the sum of 4 000 000 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.