Search
document

Document text Analytics

DI GAETANO AND ALFONSO AGAINST ITALY

Doc ref: 14803/89;14805/89 • ECHR ID: 001-49600

Document date: October 19, 1995

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

DI GAETANO AND ALFONSO AGAINST ITALY

Doc ref: 14803/89;14805/89 • ECHR ID: 001-49600

Document date: October 19, 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 applications lodged on

25 February 1989 and 29 December 1988 respectively by

Mrs Di Gaetano and Mr Alfonso against Italy

(Applications Nos. 14803/89 and 14805/89);

Whereas on 31 August 1993 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 applications, declared admissible by the

Commission on 8 September 1992, the applicants complained of the

excessive length of certain criminal proceedings;

Whereas in its report adopted on 30 June 1993 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 505th meeting of the Ministers' Deputies held

on 6 January 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

9 September 1994;

Whereas, at the 520th meeting of the Deputies held on

16 November 1994, 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 as just satisfaction, within

three months, to Mrs Di Gaetano the sum of 6 000 000 Italian lire

and to Mr Alfonso the sum of 12 000 000 Italian lire in respect of

non-pecuniary damage, and to both applicants jointly the sum

of 3 630 000 Italian lire in respect of costs and expenses, namely

a total sum of 21 630 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

6 January and 16 November 1994, 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 reiterated before the

Committee of Ministers that the reforms already adopted - the entry

into force on 24 October 1989 of the new Code of Criminal

Procedure, the internal reforms carried out by the Court of

Cassation and the increase of the budgetary appropriations in order

to finance urgent measures in support of information systems and

the structures, means and services of the administration of justice

- should ensure that in the future criminal proceedings will lead

to judgments delivered within a reasonable time within the meaning

of Article 6 (art. 6) of the Convention (see, inter alia,

Resolutions DH (92) 54 in the case of Frau, DH (94) 41 in the case

of Campicelli and DH (95) 8 in the case of Bandinù II);

Whereas the Committee of Ministers satisfied itself that

on 5 and 7 April 1995 the Government of Italy paid the applicants

the total sum of 21 630 000 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.

LEXI

Lexploria AI Legal Assistant