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WALTER RIGA AND OTHERS AGAINST ITALY

Doc ref: 20737/92 • ECHR ID: 001-51353

Document date: June 25, 1996

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WALTER RIGA AND OTHERS AGAINST ITALY

Doc ref: 20737/92 • ECHR ID: 001-51353

Document date: June 25, 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

19 March 1992 by Mr Walter Riga, Mr André De La Croix,

Mr François Riga, Ms Brigitte Johanna Salu, and

Ms Liliane Strickaert against Italy (Application No. 20737/92);

Whereas on 8 December 1994 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 their application, declared admissible by the Commission on 5

July 1994, the applicants complained of the excessive length of certain criminal

proceedings combined with civil action for damages;

Whereas in its report, adopted on 18 October 1994, 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 536th meeting of the Ministers' Deputies held on 5 May

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

(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 applicants, proposals supplemented by a letter of the President

of the Commission dated 13 April 1995;

Whereas, at the 539th meeting of the Deputies held on

7 June 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 applicant as just satisfaction, within three months, 2 000 000 Italian

lire in respect of

non-pecuniary damage and 300 000 Italian lire in respect of costs and expenses,

namely a total sum of 11 500 000 Italian lire;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 5 May 1995 and 7 June

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);

Whereas the Committee of Ministers satisfied itself that

on 24 October 1995 and 25 October 1995 the Government of Italy paid the

applicants the total sum of 11 500 000 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;

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

case.

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