Search
document

Document text Analytics

A.L. AND M.V.C. AGAINST ITALY

Doc ref: 13795/88;14208/88 • ECHR ID: 001-49465

Document date: September 11, 1995

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

A.L. AND M.V.C. AGAINST ITALY

Doc ref: 13795/88;14208/88 • ECHR ID: 001-49465

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 applications lodged on

18 February and 26 July 1988 by Mrs A.L. and Mrs M.V.C. against

Italy (Applications Nos. 13795/88 and 14208/88);

Whereas on 21 December 1993 the Commission transmitted the

said reports 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 cases 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 5 May 1993, the applicants complained of the

excessive length of certain criminal proceedings combined with

civil action 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 applicants, 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 to each applicant as just satisfaction, within three months,

3 000 000 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 9 000 000 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 4 and 25 November 1994 the Government of Italy paid the

applicants the total sum of 9 000 000 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