CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 30 avril 2013

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Revised action report   Cases of - PALEARI v. ITALY, Application No. 55772/08, final on 26 July 2011; - POZZI v. ITALY, Application No. 55743/08, final on 26 July 2011; - CAPITANI and CAMPANELLA v. ITALY, Application No. 24920/07, final on 17 August 2011.      Cases summary   Impossibility to request a public hearing in proceedings for the application of preventive measures aimed at the seizure and confiscation of property and movable assets of the applicants (cases of Paleari and of Capitani and Campanella) or of the applicant’s company (case of Pozzi), due to suspicions of membership of a criminal organisation (violations of Article 6, paragraph 1).   These cases present similarities with the group of cases Bocellari and Rizza, Bongiorno and others, Leone, Perre and others against Italy, closed by final Resolution CM/ResDH(2011)123. [1]     Individual measures   - Just satisfaction   The European Court awarded 3 000 euros to each applicant in the cases of Paleari and of Pozzi, for costs and expenses. No just satisfaction was awarded in the case of Capitani and Campanella.   Just satisfaction was paid on 13 December 2011.   - Other individual measures:   The Court held that the finding of the violation constituted in itself sufficient just satisfaction for the non ‑ pecuniary damage sustained by the applicants. As regards pecuniary damages, the Court found no causal link between the violation and the damages claimed.   It should be noted that the applicants did participate in the proceedings following those at issue, which resulted in the confiscation of many assets, together with the public prosecutor. In addition, two levels of jurisdiction decided on the merits of each case.   No further individual measures are therefore necessary.     General measures   Reference is made to the general measures adopted in the above mentioned group of cases Bocellari and Rizza, Bongiorno and others, Leone, Perre and others against Italy, already closed by final Resolution CM/ResDH(2011)123.   Conclusion   The government considers that no further individual and general measure are required in this case and that Italy has thus complied with its obligations under Article   46, paragraph 1, of the Convention.   [1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th meeting of the Ministers’ Deputies.