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PFEFFER AGAINST ITALY

Doc ref: 15737/89 • ECHR ID: 001-49512

Document date: September 11, 1995

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Cited paragraphs: 0
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PFEFFER AGAINST ITALY

Doc ref: 15737/89 • ECHR ID: 001-49512

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

2 August 1989 by Mr Gerhard Pfeffer against Italy

(Application No. 15737/89);

Whereas on 13 October 1992 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 September 1991, the applicant complained that the

in abstentia proceedings conducted against him had deprived him of

the guarantees laid down in Article 6 (art. 6) of the Convention;

Whereas in its report adopted on 9 September 1992 the

Commission expressed, unanimously, the opinion that there had been

a violation of paragraphs 1 and 3.c, taken in conjunction, of

Article 6 (art. 6-1, art. 6-3-c) of the Convention;

Whereas, at the 487th meeting of the Ministers' Deputies held

on 26 January 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 paragraphs 1 and 3.c, taken in conjunction, of

Article 6 (art. 6-1, art. 6-3-c) 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 September 1994;

Whereas, at the 522nd meeting of the Deputies held

on 5 December 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, 2 000 000 Italian lire

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

respect of costs and expenses, namely a total sum of

4 000 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

26 January 1993 and 5 December 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 the present case, through the entering into force on

24 October 1989 of the new Code of Criminal Procedure (see

Resolution DH (93) 63 in the case of Brozicek against Italy,

Resolution DH (93) 64 in the case of Colozza against Italy and

Resolution DH (93) 65 in the case of T. against Italy);

Whereas the Committee of Ministers satisfied itself that on

27 April 1995 the Government of Italy paid the applicant the total

sum of 4 000 000 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.

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