LUBERTI CASE

Doc ref: 9019/80 • ECHR ID: 001-55427

Document date: May 6, 1985

Doc ref: 9019/80 • ECHR ID: 001-55427

Document date: May 6, 1985

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 Luberti case, delivered on 23 February 1984 and transmitted the

same day to the Committee of Ministers;

Recalling that the case had its origin in an application against Italy

lodged with the European Commission of Human Rights under Article 25

(art. 25) of the convention by an Italian citizen, Mr Luciano Luberti,

complaining of having been confined in a psychiatric hospital although

he was no longer suffering from any mental disorder and that a

decision on his applications for the confinement order to be set aside

had not been given speedily, relying on paragraphs 1 and 4 of

Article 5 (art. 5-1, art. 5-4) of the convention;

Recalling that this case had been brought before the Court by the

European Commission of Human Rights;

Whereas in its judgment of 23 February 1984, the Court unanimously:

- holds that there has been no breach of Article 5, paragraph 1

(art. 5-1), of the convention;

- holds that there has been a violation of Article 5, paragraph 4

(art. 5-4);

- holds that the respondent state is to pay to the applicant, in

respect of costs and expenses, one million (1 000 000) Lire, together

with any value added tax that may be due;

- rejects the remainder of the claim for just satisfaction;

Having regard to the "Rules 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 obligations under Article 53 (art. 53) of the convention to abide

by the judgment;

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

Ministers, the Government of Italy informed the Committee of the

measures taken in consequence of the judgment;

Having satisfied itself that the Government of Italy has paid to the

applicant the sum under Article 50 (art. 50) of the convention

provided for in the judgment of the Court of 23 February 1984,

Declares that it has exercised its function under Article 54 (art. 54)

of the convention in this case.

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