CASE OF AUSIELLO V AGAINST ITALY
Doc ref: 20331/92 • ECHR ID: 001-55825
Document date: June 25, 1996
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The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human Rights in the case of Ausiello delivered on 21 May 1996 and transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
(No. 20331/92) against Italy, lodged with the European Commission of Human Rights on 21 February 1992 under Article 25 (art. 25) of the Convention by Mr Pasquale Ausiello, an Italian national, and that the Commission declared admissible the complaint of the excessive length of certain proceedings before the Court of Audit;
Recalling that the case was brought before the Court by the Government of Italy on 18 October 1995;
Whereas in its judgment of 21 May 1996 the Court unanimously:
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
- held that the present judgment constituted sufficient just satisfaction for the non-pecuniary damage alleged;
- dismissed the remainder of the applicant's claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;
Having invited the Government of Italy to inform it of the measures which had been taken in consequence of the judgment
of 21 May 1996, having regard to Italy's obligation under Article 53 (art. 53) of the Convention to abide by it;
Whereas the Government of Italy recalled that measures had already been taken to prevent the repetition of the violation found in this case, by a legislative decree of 15 November 1993
(No. 453), converted into parliamentary legislation by Act No. 19 of January 1994 (see Resolution DH (94) 25 in the case of
Giancarlo Lombardo against Italy),
Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.
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