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FILIPPELLO AND ADAMS AGAINST ITALY

Doc ref: 15698/89 • ECHR ID: 001-49451

Document date: December 15, 1995

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FILIPPELLO AND ADAMS AGAINST ITALY

Doc ref: 15698/89 • ECHR ID: 001-49451

Document date: December 15, 1995

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

6 April 1983 by Mr Giorgio Filippello and Ms Patricia Adams against

Italy (Application No. 15698/89);

Whereas on 16 April 1992 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 8 July 1991, the applicants complained of the

excessive length of certain civil proceedings;

Whereas in its report adopted on 13 February 1992, 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 479th meeting of the Ministers' Deputies held

on 17 September 1992, 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

8 April 1993;

Whereas, at the 494th meeting of the Deputies held on

18 May 1993, 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 applicants as just satisfaction,

within three months, 4 000 000 Italian lire in respect of non-

pecuniary damage and 1 500 000 Italian lire in respect of costs and

expenses, namely a total sum of

5 500 000 Italian lire (1);

_______________

(1) The Resolution adopted at the 542nd meeting of

7 September 1995, indicated erroneously that the Committee of

Ministers had decided, at the 494th meeting of the Deputies, that

the Government of Italy was to pay each applicant the sum of

5 500 000 Italian lire, whereas the decision taken in the course of

this meeting, and communicated to the applicants, stated that they

should receive the sum jointly. The ensuing correction of the

Resolution was adopted by the Committee of Ministers at the 553rd

meeting of the Deputies, held on 15 December 1995.

_______________

Whereas the Committee of Ministers invited the Government of

Italy to inform it of the measures taken following its decisions of

17 September 1992 and 18 May 1993, 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 informed the Committee of

Ministers that the reform adopted to speed up the procedure in

civil cases (see Resolution DH (95) 82 adopted in the case of

Zanghì) would also be applied to situations comparable to the one

at issue in the present case;

Whereas the Committee of Ministers satisfied itself that on 15

December 1993 the Government of Italy paid the applicants the total

sum of 5 500 000 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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