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P.D.P. AGAINST ITALY

Doc ref: 13136/87 • ECHR ID: 001-49573

Document date: June 7, 1995

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P.D.P. AGAINST ITALY

Doc ref: 13136/87 • ECHR ID: 001-49573

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

10 April 1987 by Mr P.D.P. against Italy (Application

No. 13136/87);

Whereas on 26 March 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 31 March 1992, the applicant complained of a decision

by the Minister of Justice to take no action on his request for

permission to bring civil proceedings against a guardianship judge

as the legislative provisions invoked had been repealed while the

matter was being examined and as the the new provisions did not

apply retroactively;

Whereas in its report adopted on 18 February 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 499th meeting of the Ministers' Deputies held

on 15 October 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, 6 000 000 Italian lire

in respect of non-pecuniary damage and 2 500 000 Italian lire in

respect of costs and expenses, namely a total sum of

8 500 000 Italian lire;

Whereas the Committee of Ministers invited the Government of

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

15 October 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 Committee of Ministers satisfied itself that

on 4 April 1995 the Government of Italy paid the applicant the

total sum of 8 500 000 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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