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GAGLIANO VASTA AGAINST ITALY

Doc ref: 15056/89 • ECHR ID: 001-49604

Document date: October 19, 1995

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GAGLIANO VASTA AGAINST ITALY

Doc ref: 15056/89 • ECHR ID: 001-49604

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 application lodged on 2 May 1989

by Mrs Rosina Gagliano Vasta against Italy

(Application No. 15056/89);

Whereas on 22 March 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 her application, as declared admissible by the

Commission on 14 October 1992 (final decision as to the

admissibility), the applicant complained of the excessive length of

certain criminal proceedings;

Whereas in its report adopted on 10 February 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 498th meeting of the Ministers' Deputies held

on 21 September 1993, 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 December 1994;

Whereas, at the 536th meeting of the Deputies held on

4 May 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, 900 000 Italian lire in respect of pecuniary

damage, 15 000 000 Italian lire in respect of non-pecuniary damage

and 4 233 940 Italian lire in respect of costs and expenses, namely

a total sum of 20 133 940 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

21 September 1993 and 4 May 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, notably through the entering into force on

24 October 1989 of the new Code of Criminal Procedure (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);

Whereas the Committee of Ministers satisfied itself that

on 5 July 1995, within the time-limit set, the Government of Italy

paid the applicant the total sum of 20 133 940 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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