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SAVOLDI AGAINST ITALY

Doc ref: 10253/83 • ECHR ID: 001-49324

Document date: February 20, 1992

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SAVOLDI AGAINST ITALY

Doc ref: 10253/83 • ECHR ID: 001-49324

Document date: February 20, 1992

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 20 December 1982 by Mr Mario Savoldi against Italy

(Application No. 10253/83);

Having regard to Resolution DH (90) 11 of 14 May 1990

concerning the present case;

Recalling that it had decided that there had been in this

case a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention because of the excessive length of criminal

proceedings instituted against the applicant;

Recalling that, after examination of the Commission's

proposals as to just satisfaction for the applicant, it had

recommended to the Government of Italy, under Rule 5 of the Rules

adopted by the Committee of Ministers for the application of

Article 32 (art. 32) of the Convention, to pay to the applicant

for pecuniary and non-pecuniary damage the sum of 125 million

Italian lire;

Having been informed by the applicant and by the Government

of Italy of the fact that no payment had taken place and having

regard to its decision of 18 March 1991 setting, according to

Article 32, paragraph 2 (art. 32-2), of the Convention, a time

limit of three months for the Italian Government to pay the sum

due to the applicant by way of compensation for pecuniary and

non-pecuniary damage;

Having regard to Resolution DH (91) 21 of 27 September 1991

by which, after finding that the Government of Italy still had

not paid the sum of 125 million Italian lire, it had decided to

strongly urge the Government of Italy to proceed without delay

to payment of the said sum;

Having decided, during the special meeting of the Ministers'

Deputies held on 19 December 1991, to delete Rule 5 of the Rules

adopted by the Committee of Ministers for the application of

Article 32 (art. 32) of the Convention as well as the reference

made to it at the beginning of point 2 bis of the Appendix to the

said Rules,

Holds, in accordance with Article 32, paragraph 2

(art. 32-2), of the Convention, that the Government of Italy is

to pay to the applicant before 20 May 1992 the sum of 125 million

Italian lire in respect of just satisfaction;

Invites the Government of Italy to inform it of the measures

taken in consequence of the decision of the Committee of

Ministers, having regard to its obligation under Article 32,

paragraph 4 (art. 32-4), of the Convention to abide by it;

Decides to resume consideration of the present case at the

next meeting following expiry of the time limit set above.

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