Resolution CM/ResDH(2022)397

Execution of the judgments of the European Court of Human Rights and decisions of the Committee of Ministers under former Article 32 of the Convention

Seven cases against Italy

(Adopted by the Committee of Ministers on 14 December 2022 at the 1452 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of / Decisions under former Article 32 (interim resolution)

Final on

25584/94

G.L.C.

DH(96)218

-

25588/94

D.M. II

DH(96)217

-

31622/96

G.O. II

DH(97)654

-

31628/96

CATANIA ¤

DH(99)414

-

38526/97

MARIA ALBERTA, OLGA INES, SALVATORE ROBERTO MURGO AND GIUSEPPA GIANNONE

DH(99)415

-

56220/00

MASTROPASQUA

19/02/2002

19/05/2002

56223/00

POLCARI

19/02/2002

19/05/2002

The Committee of Ministers, under the terms of former Article 32 and those of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter “the Convention”),

Having regard to its decisions adopted under former Article 32 of the Convention and to the final judgments transmitted by the Court to the Committee in the cases listed above and the violations established of Article 6, paragraph 1, of the Convention on account of the excessive length of administrative proceedings;

Recalling the obligation of the respondent State to abide by the decisions adopted under former Article 32 of the Convention as well as its obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party; recalling also that these obligations entail, over and above the payment of any sums awarded by the Committee or 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 examined the action report provided by the government indicating the individual measures adopted including the information provided regarding the payment of the just satisfaction awarded by the Court or the Committee (see document DH-DD(2022)1296 );

Considering that the question of individual measures was resolved in these cases, given that the just satisfaction, when awarded, has been paid to the applicants and the domestic proceedings at issue have either been completed or notified to the competent courts in view of their acceleration;

Recalling that the question of general measures required to guarantee non-repetition of the violations found continues to be examined within the framework of the case of Abenavoli v. Italy and that the closure of the cases listed above therefore in no way prejudges the Committee’s evaluation of the general measures;

DECIDES to close the examination of these cases.