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VINCIGUERRA AGAINST ITALY

Doc ref: 19722/92 • ECHR ID: 001-51263

Document date: May 15, 1996

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VINCIGUERRA AGAINST ITALY

Doc ref: 19722/92 • ECHR ID: 001-51263

Document date: May 15, 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 Interim Resolution DH (95) 442, adopted in the case

of Vinciguerra against Italy (Application No. 19722/92) in which the Committee

of Ministers decided that there had been in this case 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 applicant, proposals supplemented by a letter of the President of

the Commission dated 8 March 1996;

Whereas, at the 564th meeting of the Deputies held on

30 April 1996, the Committee of Ministers decided, in accordance with Article

32, paragraph 2 (art. 32-2), of the Convention, that the Government of Italy

should not pay the applicant any sum as just satisfaction as the latter had not

submitted such a claim;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 15 December 1995 and

15 May 1996, 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 entering into force on

24 October 1989 of the new Code of Criminal Proceedure (see, inter alia,

Resolution DH (92) 54 in the case of Frau against Italy and Resolution DH (94)

15 in the case of Sanfilippo against Italy),

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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