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BEZICHERI CASE

Doc ref: 11400/85 • ECHR ID: 001-55487

Document date: May 14, 1990

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Cited paragraphs: 0
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BEZICHERI CASE

Doc ref: 11400/85 • ECHR ID: 001-55487

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 Bezicheri case delivered on 25 October 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 18 January 1985

under Article 25 (art. 25) of the Convention by Marcantonio Bezicheri, an

Italian national, who complained of the length of proceedings for the

examination of a second application for release from detention on

remand;

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

on 11 May 1988;

Whereas in its judgment of 25 October 1989 the Court unanimously:

- held that there had been a violation of Article 5, paragraph 4

(art. 5-4), of the Convention;

- held that it lacked jurisdiction to examine the applicant's other

complaints;

- dismissing the claim for compensation for damage and for

reimbursement of costs and expenses, held that the present judgment

in itself constituted adequate just satisfaction for the purpose of

Article 50 (art. 50) of the Convention;

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 Government 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)12

Information provided by the Government of Italy

during the examination of the Bezicheri case

before the Committee of Ministers

Under Article 299(3) of the new Code of Criminal Procedure, which came

into force on 24 October 1989, the judge must rule within five days on

any application by the accused seeking his release from detention on

remand.

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