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CIULLA CASE

Doc ref: 11152/84 • ECHR ID: 001-55488

Document date: May 14, 1990

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

CIULLA CASE

Doc ref: 11152/84 • ECHR ID: 001-55488

Document date: May 14, 1990

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human Rights in

the Ciulla case delivered on 22 February 1989 and transmitted the same

day to the Committee of Ministers;

Recalling that the case originated in an application against Italy

lodged with the European Commission of Human Rights on 5 June 1984

under Article 25 (art. 25) of the Convention by Mr Salvatore Ciulla,

an Italian national, who complained of his arrest and detention

pending a decision on an application for a compulsory residence order

and of the impossibility for him under Italian law to obtain an

entitlement to compensation following that deprivation of liberty;

Recalling that the case was brought before the Court by the Commission

on 15 July 1987;

Whereas in its judgment of 22 February 1989 the Court:

- held unanimously that the Government were estopped from relying on

the rule of exhaustion of domestic remedies as regards the

possibilities of:

- pleading Article 5 (art. 5) of the Convention in support of an

appeal on points of law;

- applying for a review of the constitutionality of Section 6 of the

1956 law;

- bringing an action for damages against the state;

- rejected unanimously as unfounded the remainder of the objection

that domestic remedies had not been exhausted;

- held by fifteen votes to two that there had been a violation of

paragraph 1 of Article 5 (art. 5-1) of the Convention;

- held by thirteen votes to four that ther had been a violation of

paragraph 5 (art. 5-5) of the same provision;

- held unanimously that the present judgment constituted in itself

sufficient just satisfaction for the purpose of Article 50 (art. 50);

Having regard to the Rules adopted by the Committee of Ministers

concerning the application of Article 54 (art. 54) of the Convention;

Having invited the Goverment of Italy to inform it of the measures

which had been taken in consequence of the judgment, having regard to

its obligation under Article 53 (art. 53) of the Convention to abide

by it;

Whereas, during the examination of the case by the Committee of

Ministers, the Government of Italy gave the Committee information

about the measures taken in consequence of the judgment, which

information appears in the appendix to this resolution,

Declares, after having taken note of the information supplied by the

Government of Italy, that it has exercised its functions under

Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (90) 13

Information provided by the Government of Italy

during the examination of the Ciulla case

before the Committee of Ministers

Law No. 327 of 3 August 1988, amending Article 6 of the 1956 law,

abolished the special form of detention at issue in the present case.

This amendment was already made before the Court's judgment was

delivered on 22 February 1989.

Articles 314 and 315 of the new Code of Criminal Procedure which came

into force on 24 October 1989 establish a right to compensation for

wrongful detention in certain circumstances.

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