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F.M. AGAINST ITALY

Doc ref: 13549/88 • ECHR ID: 001-49389

Document date: June 9, 1994

Inbound citations: 1
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Cited paragraphs: 0
•
Outbound citations: 0

F.M. AGAINST ITALY

Doc ref: 13549/88 • ECHR ID: 001-49389

Document date: June 9, 1994

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 11 November 1987 by Mr F.M. against Italy

(Application No. 13549/88);

Whereas on 3 December 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 his application the applicant complained in

particular of the excessive length of a criminal procedure;

Whereas the Commission declared the application in part

admissible on 13 May 1992 (final decision on the admissibility)

and in its report adopted on 14 October 1992 expressed

unanimously the opinion that there had been a violation of

Article 6, paragraph 1 (art. 6-1), of the Convention;

Whereas, at the 491st meeting of the Ministers' Deputies

held on 1 April 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

22 October 1993;

Whereas at the 504th meeting of the Deputies held

on 14 December 1993, 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

within three months 20 000 000 Italian lire in respect of

non-pecuniary damage and 5 000 000 Italian lire for costs;

Whereas the Committee of Ministers invited the Government

of Italy to inform it of the measures taken following its

decisions of 1 April 1993 and 14 December 1993, 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, Resolution DH (92) 54 concerning the

judgment of the European Court of Human Rights in the case of

Frau against Italy);

Whereas the Committee of Ministers satisfied itself that the

Government of Italy paid the applicant on 2 May 1994 the sum of

25 000 000 Italian lire in respect of 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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