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CASE OF VENDITELLI AGAINST ITALY

Doc ref: 14804/89 • ECHR ID: 001-55683

Document date: June 7, 1995

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 0

CASE OF VENDITELLI AGAINST ITALY

Doc ref: 14804/89 • ECHR ID: 001-55683

Document date: June 7, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Venditelli case delivered on 18 July 1994 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application

(No. 14804/89) against Italy lodged with the European Commission of

Human Rights on 11 January 1989 under Article 25 (art. 25) of the

Convention by Mr Manlio Venditelli, an Italian national, and that

the Commission declared admissible the complaint that the criminal

proceedings brought against him had not been concluded within a

reasonable time and that he had suffered an unjustified

interference with his right to the peaceful enjoyment of his

possessions arising out of the length of the proceedings and the

continued sequestration of his flat after the competent court had

found that the offence in question had been amnestied and the

prosecution barred as a result of a presidential decree;

Recalling that the case was brought before the Court by the

Commission on 12 July 1993;

Whereas in its judgment of 18 July 1994 the Court:

- held by five votes to four that there had been no breach of

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

- held by five votes to four that there had been no breach of

Article 1 of Protocol No. 1 taken together with Article 6,

paragraph 1 (P1-1, art. 6-1);

- held unanimously that there had been a breach of Article 1

of Protocol No. 1 (P1-1) in that the sequestration of the

applicant's flat had continued beyond 30 October 1990;

- dismissed unanimously the claims for just satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of Italy to inform it of the

measures which had been taken in consequence of the judgment of

18 July 1994, having regard to Italy's obligation under Article 53

(art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Italy gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution,

Declares, after having taken note of the information supplied

by the Government of Italy, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (95) 90

Information provided by the Government of Italy

during the examination of the Venditelli case

by the Committee of Ministers

The Ministry of Justice has taken certain measures in order to

prevent the repetition of the violation found: a circular has been

sent to all courts drawing their attention to the necessity of

lifting any sequestration order as soon as the sequestration is not

required in the interests of the proceedings; in addition, the

judgment of the Court has been sent to the authorities directly

concerned (to the Court of Appeal of Rome and the pretore of the

city).

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