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PIANACCI AND OTHERS AGAINST ITALY

Doc ref: 24057/94 • ECHR ID: 001-51475

Document date: September 13, 1996

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PIANACCI AND OTHERS AGAINST ITALY

Doc ref: 24057/94 • ECHR ID: 001-51475

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 Interim Resolution DH (95) 309, adopted in the case of

Pianacci and others against Italy (Application

No. 24057/94) in which the Committee of Ministers decided that there had been a

violation of Article 6, paragraph 1 (art. 6-1), 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 applicants, proposals supplemented by a letter of the President

of the Commission dated 27 October 1995;

Whereas, at the 553rd meeting of the Ministers' Deputies held on 15

December 1995, 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 each of the four applicants, as just satisfaction, within three months, 3

000 000 Italian lire in respect of non-pecuniary damage, namely a total sum of

12 000 000 Italian lire;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 20 November 1995 and

15 December 1995, 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, through the

reform of the Code of Criminal Procedure (see the cases of Frau, Resolution DH

(92) 54 and San Filippo, Resolution DH (94) 15), and 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 28 March 1996 and 29 March 1996 the Government of Italy paid the applicants

the total sum of 12 000 000 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 (art. 32) of the

Convention in this case.

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