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BRAIATTI AGAINST ITALY

Doc ref: 13691/88 • ECHR ID: 001-49462

Document date: September 11, 1995

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BRAIATTI AGAINST ITALY

Doc ref: 13691/88 • ECHR ID: 001-49462

Document date: September 11, 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

22 December 1987 by Mr Antonio Braiatti against Italy

(Application No. 13691/88);

Whereas on 2 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 his application, declared admissible by the

Commission on 5 May 1993, the applicant complained of the excessive

length of certain criminal proceedings combined with civil action

for damages and of certain subsequent civil proceedings for

damages;

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 3 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 applicant, proposals supplemented

by a letter of the President of the Commission dated 11 March 1994;

Whereas, at the same meeting of the Deputies, 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,

5 000 000 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 6 500 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

3 May 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 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); and

through the entry into force on 30 April and 1 May 1995 of two laws

restructuring the civil courts and speeding up the civil

proceedings (see Resolution DH (95) 82 in the case of Zanghì

against Italy);

Whereas the Committee of Ministers satisfied itself that

on 12 December 1994 the Government of Italy paid the applicant the

total sum of 6 500 000 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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