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LO CICERO AGAINST ITALY

Doc ref: 13368/87 • ECHR ID: 001-51454

Document date: September 13, 1996

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LO CICERO AGAINST ITALY

Doc ref: 13368/87 • ECHR ID: 001-51454

Document date: September 13, 1996

Cited paragraphs only



The Committee of Ministers, under the terms of Article 32 (art. 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 (art. 31) of the Convention relating to the

application lodged on

7 September 1987 by Mr Salvatore Lo Cicero against Italy (Application No.

13368/87);

Whereas on 29 June 1992 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 (art. 32-1), of the Convention has elapsed without the

case having been brought before the European Court of Human Rights in pursuance

of Article 48 (art. 48) of the Convention;

Whereas in his application, declared admissible by the Commission on 10

September 1991, the applicant complained of the excessive length of certain

civil proceedings;

Whereas in its report adopted on 13 May 1992 the Commission expressed,

unanimously, the opinion that there had been a violation of Article 6, paragraph

1 (art. 6-1), of the Convention;

Whereas, at the 483rd meeting of the Ministers' Deputies held on 10

November 1992, 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

(art. 32-1), of the Convention, that there had been in this case a violation of

Article 6, paragraph 1 (art. 6-1), 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 9 July 1993;

Whereas, at the 504th meeting of the Deputies held on

14 December 1993, the Committee of Ministers decided, in accordance with Article

32, paragraph 2 (art. 32-2), 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 2 465 000 Italian lire in

respect of costs and expenses, namely a total sum of

7 465 000 Italian lire;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 10 November 1992 and

14 December 1993, having regard to Italy's obligation under Article 32,

paragraph 4 (art. 32-4), 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, notably

through 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 13 June 1996 the Government of Italy paid the applicant's heirs pursuing the

procedure  the total sum of 7 465 000 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 (art. 32) of the

Convention in this case;

Authorises the publication of the report adopted by the Commission in this

case.

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