ARTICO CASE
Doc ref: 6694/74 • ECHR ID: 001-55406
Document date: December 18, 1980
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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 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.