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SPALLAZZO MALLONE, CALARCO AND LEMBO AGAINST ITALY

Doc ref: 14664/89;14666/89;14665/89 • ECHR ID: 001-49616

Document date: October 19, 1995

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SPALLAZZO MALLONE, CALARCO AND LEMBO AGAINST ITALY

Doc ref: 14664/89;14666/89;14665/89 • ECHR ID: 001-49616

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

1 August 1988 by Pietro Spallazzo Mallone, Natale Lembo and

Giuseppe Calarco against Italy (Applications Nos. 14664/89,

14666/89 and 14665/89);

Whereas on 7 December 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, as declared admissible by the

Commission on 30 June 1993 (final decision as to the

admissibility), the applicants complained of the excessive length

of certain criminal proceedings;

Whereas in its report adopted on 13 October 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 512th meeting of the Ministers' Deputies held

on 4 May 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 applicants, proposals

supplemented by a letter of the President of the Commission dated

3 March 1995;

Whereas, at the 534th meeting of the Deputies held on

7 April 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 to each applicant as just

satisfaction, within three months, 30 000 000 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

94 500 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

4 May 1994 and 7 April 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 16 August and 5 September 1995 the Government of Italy paid the

applicants the total sum of 94 500 000 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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