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BANDINU II AGAINST ITALY

Doc ref: 16257/90 • ECHR ID: 001-126204

Document date: January 11, 1995

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BANDINU II AGAINST ITALY

Doc ref: 16257/90 • ECHR ID: 001-126204

Document date: January 11, 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

9 December 1989 by Mr Eugenio Bandinu against Italy

(Application No. 16257/89);

Whereas on 26 May 1994 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 1 December 1993, the applicant complained of the

excessive length of certain criminal proceedings;

Whereas in its report adopted on 6 April 1994, 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 519th meeting of the Ministers' Deputies, held

on 19 October 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 December 1994;

Whereas, at the 524th meeting of the Deputies, held on

10 January 1995, the Committee of Ministers decided, in accordance

with Article 32, paragraph 2 (art. 32-2), of the Convention, that,

following the applicant's death, no sum was to be paid as just

satisfaction to the applicant's daughter since she had submitted no

claim in this respect;

Whereas the Committee of Ministers invited the Government of

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

19 October 1994 and 10 January 1995, 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),

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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