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CORIGLIANO CASE

Doc ref: 8304/78 • ECHR ID: 001-55414

Document date: April 22, 1983

Inbound citations: 2
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Cited paragraphs: 0
•
Outbound citations: 0

CORIGLIANO CASE

Doc ref: 8304/78 • ECHR ID: 001-55414

Document date: April 22, 1983

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 Corigliano case, delivered on 10 December 1982 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 Clemente Corigliano, alleging violation of Articles 6 and 13

(art. 6, art. 13) of the Convention;

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 unanimously,

Declares that the Government is estopped from relying on

Article 27, paragraph 1.b (art. 27-1-b), of the Convention and the rule

of exhaustion of domestic remedies;

Rejects the Government's objection that the applicant could not be

regarded as a victim within the meaning of Article 25, paragraph 1

(art. 25-1);

Holds that there has been a breach of Article 6, paragraph 1

(art. 6-1), to the extent specified in paragraphs 47 and 50 of the reasons;

Declares inadmissible the claim for just satisfaction in so far as

it relates to Article 368 of the Italian Penal Code;

Rejects the said claim in so far as it seeks monetary compensation

for the alleged pecuniary and non-pecuniary damage;

Holds that the Italian Republic is to pay to the applicant, in

respect of his travel and subsistence expenses in coming to

Strasbourg, the sum of two million two hundred thousand (2 200 000)

lire;

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 10 December 1982,

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

of the Convention in this case.

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