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GIUSEPPE LANZANO AGAINST ITALY

Doc ref: 14725/89 • ECHR ID: 001-51327

Document date: June 25, 1996

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GIUSEPPE LANZANO AGAINST ITALY

Doc ref: 14725/89 • ECHR ID: 001-51327

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 on 9 May 1994 by the European

Commission of Human Rights in accordance with Article 31 (art. 31) of the

Convention relating to the application lodged on 14 January 1989 by Mr Giuseppe

Lanzano against Italy

(Application No. 14725/89);

Whereas on 23 June 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 his application, declared admissible by the Commission on 30

June 1993, the applicant complained of the impartiality of the Montichiari court

of first instance;

Whereas in its report 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 519th meeting of the Ministers' Deputies held on 20

October 1994, 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 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 the applicant as just satisfaction, within three months, 6 000 000 Italian

lire in respect of

non-pecuniary damage and 1 000 000 Italian lire in respect of costs and

expenses, namely a total sum of 7 000 000 Italian lire;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 20 October 1994 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 Committee of Ministers satisfied itself that on

22 September 1995, within the time-limit set, the Government of Italy paid the

applicant the total sum of 7 000 000 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;

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

case.

Appendix to Resolution DH (96) 315

Information provided by the Government of Italy

during the examination of the case of Lanzano

by the Committee of Ministers

The incriminated provisions of the Code of Criminal Procedure which

provided for the possibility of combining the functions of investigation and

trial in one and the same judge have been repealed. The abrogation concerns in

particular the district judge's power to carry out police or investigative

measures (Article 550). Accordingly, there is no longer any risk of repetition

of the violation found.

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