Search
document

Document text Analytics

L.M. III AGAINST ITALY

Doc ref: 15079/89 • ECHR ID: 001-49499

Document date: September 11, 1995

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

L.M. III AGAINST ITALY

Doc ref: 15079/89 • ECHR ID: 001-49499

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

3 March 1989 by Mrs L.M. against Italy (Application No. 15079/89);

Whereas on 25 January 1994 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, declared admissible by the

Commission on 1 September 1993, the applicant complained of the

excessive length of certain criminal proceedings combined with

civil action for damages;

Whereas in its report adopted on 1 December 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 514th meeting of the Ministers' Deputies held

on 9 June 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 15 April 1994;

Whereas, at the 517th meeting of the Deputies held on

20 September 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 the applicant

as just satisfaction, within three months, 10 000 000 Italian lire

in respect of non-pecuniary damage and 2 500 000 Italian lire in

respect of costs and expenses, namely a total sum of 12 500 000;

Whereas the Committee of Ministers invited the Government of

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

9 June and 20 September 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);

Whereas the Committee of Ministers satisfied itself that

on 2 June 1995 the Government of Italy paid the applicant the total

sum of 12 500 000 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.

LEXI

Lexploria AI Legal Assistant