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PRISCA AND DE SANTIS AGAINST ITALY

Doc ref: 14660/89 • ECHR ID: 001-49542

Document date: June 7, 1995

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PRISCA AND DE SANTIS AGAINST ITALY

Doc ref: 14660/89 • ECHR ID: 001-49542

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

1 June 1988 by Mrs Serafina Prisca, Mr Pierluigi De Santis and

Mr Enrico De Santis against Italy (Application No. 14660/89);

Whereas on 24 August 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 their application, declared admissible by the

Commission on 10 October 1991, the applicants complained of the

excessive length of certain civil proceedings;

Whereas in its report adopted on 30 June 1992 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 485th meeting of the Ministers' Deputies held

on 15 December 1992, 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

10 December 1993;

Whereas, at the 507th meeting of the Deputies held on

3 February 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 as just satisfaction, within

three months, to the three applicants jointly 5 628 700 Italian

lire in respect of pecuniary damage, to each of the three

applicants 1 000 000 Italian lire in respect of non-pecuniary

damage and to the three applicants jointly the sum of

2 500 000 Italian lire in respect of costs and expenses, namely a

total sum of 11 128 700 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

15 December 1992 and 3 February 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, 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 28 June and 6 July 1994 the Government of Italy paid the

applicants the total sum of 11 128 700 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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