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PAOLETTI AGAINST ITALY

Doc ref: 19489/92 • ECHR ID: 001-49558

Document date: June 7, 1995

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Cited paragraphs: 0
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PAOLETTI AGAINST ITALY

Doc ref: 19489/92 • ECHR ID: 001-49558

Document date: June 7, 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

4 November 1991 by Mr Nino Paoletti against Italy

(Application No. 19489/92);

Whereas on 7 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 30 June 1993, the applicant complained of the

excessive length of certain criminal proceedings;

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

9 September 1994;

Whereas, at the 520th meeting of the Deputies held on

16 November 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, 15 000 000 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

17 000 000 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 and 16 November 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 reiterated before the

Committee of Ministers that the reforms already adopted - the entry

into force on 24 October 1989 of the new Code of Criminal

Procedure, the internal reforms carried out by the Court of

Cassation and the increase of the budgetary appropriations in order

to finance urgent measures in support of information systems and

the structures, means and services of the administration of

justice - should ensure that in the future criminal proceedings

will lead to judgments delivered within a reasonable time within

the meaning of Article 6 (art. 6) of the Convention (see, inter

alia, the Resolutions DH (92) 54 in the case of Frau, DH (94) 41 in

the case of Campicelli and DH (95) 8 in the case of Bandinù II);

Whereas the Committee of Ministers satisfied itself that on

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

sum of 17 000 000 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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