CASE OF FOTI AND OTHERS
Doc ref: 7604/76;7719/76;7781/77;7913/77 • ECHR ID: 001-55420
Document date: June 21, 1984
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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 judgments of the European Court of Human Rights
in the case of "Foti and Others", delivered on 10 December 1982
and 21 November 1983, and transmitted the same days to the
Committee of Ministers;
Recalling that the case had its origins in four applications against
Italy lodged with the European Commission of Human Rights, under
Article 25 (art. 25) of the Convention by four Italian citizens,
MM. Benito Foti, Felice Lentini, Demetrio Cenerini and
Giovanni Gulli, the first three applicants alleging the violation of
Article 6, paragraph 1 (art. 6-1), of the Convention because of the
transfer of their trial to the Potenza Regional Court, Mr Cenerini the
violation of Articles 2, 3, 4 and 5 (art. 2, art. 3, art. 4,
art. 5) of the Convention because of ill-treatment he allegedly
suffered at the hands of the police and because of his detention in
the police station, and Mr Gulli the violation of Article 4,
paragraph 1 (art. 4-1), and Article 6, paragraphs 1 and 2 (art. 6-1,
art. 6-2), because of the refusal to authorise his appointment as a
guard and because a "reasonable time" had been exceeded;
Recalling that the case had been brought before the Court by the
European Commission of Human Rights;
Whereas in its judgment of 10 December 1982 the Court:
- Rejects by six votes to one the objection based by the Government
on the "ex officio" examination of the issue of "reasonable time"
within the meaning of Article 6, paragraph 1 (art. 6-1), in the
case of Mr Foti, Mr Lentini and Mr Cenerini;
- Declares unanimously that the Government is stopped from relying
on the rule of exhaustion of domestic remedies;
- Holds unanimously that there has been a breach of Article 6,
paragraph 1 (art. 6-1), in respect of the four applicants;
- Holds unanimously that it is not necessary also to examine
the case under Article 13 (art. 13);
- Holds unanimously that the question of the application of
Article 50 (art. 50) is not yet ready for decision and invites
the Commission to notify the Court of any settlement at which
the Government and the applicants might have arrived;
Whereas in its judgment of 21 November 1983 the Court unanimously:
- Having taken note of the settlement with regard to Mr Foti and
Mr Lentini, decides to strike the case off its list as regards
those applicants;
- Takes formal note of the results obtained in the case of
Mr Gulli;
- Holds that the Italian Republic is to pay:
a. to Mr Gulli, in respect of lawyer's fees and expenses, the sum of
one million (1 000 000) Lire;
b. to Mr Cenerini, for damage suffered, the sum of ten million
(10 000 000) Lire;
- Rejects the remainder of Mr Gulli's and Mr Cenerini's claims;
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 judgments, regarding
its obligations under Article 53 (art. 53) of the Convention to
abide by the judgments;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of Italy informed the Committee of
Ministers of the measures taken in consequence of the judgments;
Having satisfied itself that the Government of Italy has paid
to the applicants the sums in relation to Article 50 (art. 50)
of the Convention provided for in the judgment of the Court of
21 November 1983,
Declares, after taking note of the information supplied by the
Government of Italy, that it has exercised its function under
Article 54 (art. 54) of the Convention in this case.