CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 19 octobre 1995

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       The Committee of Ministers, under the terms of Article 32 (art. 32) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the report drawn up by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the applications lodged on 25 February 1989 and 29 December 1988 respectively by Mrs Di Gaetano and Mr Alfonso against Italy (Applications Nos. 14803/89 and 14805/89);        Whereas on 31 August 1993 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 (art. 48) of the Convention;        Whereas in their applications, declared admissible by the Commission on 8 September 1992, the applicants complained of the excessive length of certain criminal proceedings;        Whereas in its report adopted on 30 June 1993 the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        Whereas, at the 505th meeting of the Ministers' Deputies held on 6 January 1994, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, having voted in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the Convention, that there had been in this case a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 9 September 1994;        Whereas, at the 520th meeting of the Deputies held on 16 November 1994, the Committee of Ministers decided, in accordance with Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of Italy was to pay as just satisfaction, within three months, to Mrs Di Gaetano the sum of 6 000 000 Italian lire and to Mr Alfonso the sum of 12 000 000 Italian lire in respect of non-pecuniary damage, and to both applicants jointly the sum of 3 630 000 Italian lire in respect of costs and expenses, namely a total sum of 21 630 000 Italian lire;        Whereas the Committee of Ministers invited the Government of Italy to inform it of the measures taken following its decisions of 6 January and 16 November 1994, having regard to Italy's obligation under Article 32, paragraph 4 (art. 32-4), of the Convention to abide by them;        Whereas the Government of Italy reiterated before the Committee of Ministers that the reforms already adopted - the entry into force on 24 October 1989 of the new Code of Criminal Procedure, the internal reforms carried out by the Court of Cassation and the increase of the budgetary appropriations in order to finance urgent measures in support of information systems and the structures, means and services of the administration of justice - should ensure that in the future criminal proceedings will lead to judgments delivered within a reasonable time within the meaning of Article 6 (art. 6) of the Convention (see, inter alia, Resolutions DH (92) 54 in the case of Frau, DH (94) 41 in the case of Campicelli and DH (95) 8 in the case of Bandinù II);        Whereas the Committee of Ministers satisfied itself that on 5 and 7 April 1995 the Government of Italy paid the applicants the total sum of 21 630 000 Italian lire as just satisfaction,        Declares, having taken note of the measures taken by the Government of Italy, that it has exercised its functions under Article 32 (art. 32) of the Convention in this case;        Authorises the publication of the report adopted by the Commission in this case.