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ARTICO CASE

Doc ref: 6694/74 • ECHR ID: 001-55406

Document date: December 18, 1980

  • Inbound citations: 4
  • Cited paragraphs: 0
  • Outbound citations: 0

ARTICO CASE

Doc ref: 6694/74 • ECHR ID: 001-55406

Document date: December 18, 1980

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 "Artico" case, delivered on 13 May 1980 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 Ettore Artico,

alleging violation of Article 5, paragraph 1 (art. 5-1), of the

Convention by reason of unlawful detention, and

Article 6, paragraph 3 (c) (art. 6-3-c) by reason of the fact that he

was not assisted by a lawyer before the Court of Cassation in the

proceedings that terminated on 12 November 1973;

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

European Commission of Human Rights;

Whereas, in its judgment of 13 May 1980, the Court unanimously

"1.  Declares that the Government are estopped from contesting the

admissibility of the application;

2.   Holds that there has been breach of Article 6, paragraph 3 (c)

(art. 6-3-c);

3.   Holds that the Italian Republic is to pay to the applicant

compensation of 3 000 000 Lire for non-pecuniary injury;

4.   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 this 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 amount of the compensation for non-pecuniary injury

provided for in the judgment of the Court of 13 May 1980,

Declares that it has exercised its functions under Article 54

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

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