Resolution CM/ResDH(2022)350

Execution of the judgment of the European Court of Human Rights

Arnoldi against Italy

(Adopted by the Committee of Ministers on 8 December 2022 at the 1451 st meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

35637/04

ARNOLDI

07/12/2017

09/04/2018

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation of Article 6, paragraph 1, of the Convention established on account of the impossibility for the injured party to join criminal proceedings as a civil party owing to the length of the preliminary investigations;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)1121 );

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Petrella case and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the impossibility for the injured party in criminal proceedings to lodge a complaint about the length of the preliminary investigations,

DECIDES to close the examination of this case.