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A.T. I AGAINST ITALY

Doc ref: 14181/88 • ECHR ID: 001-49561

Document date: June 7, 1995

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Cited paragraphs: 0
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A.T. I AGAINST ITALY

Doc ref: 14181/88 • ECHR ID: 001-49561

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

29 April 1988 by Mr A.T. against Italy (Application No. 14181/88);

Whereas on 23 June 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, as declared admissible by the

Commission on 8 January 1993 (final decision as to the

admissibility), the applicant complained of the excessive length of

certain criminal proceedings;

Whereas in its report adopted on 5 May 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 501st meeting of the Ministers' Deputies held

on 9 November 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 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 20 May 1994;

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

21 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 500 000 Italian lire in

respect of costs and expenses, namely a total sum of

10 500 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

9 November 1993 and 21 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 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, Resolutions DH (92) 54 and DH (94) 41);

Whereas the Committee of Ministers satisfied itself that on

29 March 1995 the Government of Italy paid the applicant the total

sum of 10 500 000 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.

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