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 1 August 1988 by Pietro Spallazzo Mallone, Natale Lembo and Giuseppe Calarco against Italy (Applications Nos. 14664/89, 14666/89 and 14665/89);        Whereas on 7 December 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, as declared admissible by the Commission on 30 June 1993 (final decision as to the admissibility), the applicants complained of the excessive length of certain criminal proceedings;        Whereas in its report adopted on 13 October 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 512th meeting of the Ministers' Deputies held on 4 May 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 applicants, proposals supplemented by a letter of the President of the Commission dated 3 March 1995;        Whereas, at the 534th meeting of the Deputies held on 7 April 1995, 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 to each applicant as just satisfaction, within three months, 30 000 000 Italian lire in respect of non-pecuniary damage and 1 500 000 Italian lire in respect of costs and expenses, namely a total sum of 94 500 000 Italian lire;        Whereas the Committee of Ministers invited the Government of Italy to inform it of the measures taken following its decisions of 4 May 1994 and 7 April 1995, 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 recalled that measures had already been taken to prevent the repetition of the violation found in this case, notably through the entering into force on 24 October 1989 of the new Code of Criminal Procedure (see, inter alia, Resolution DH (92) 54 in the case of Frau against Italy and Resolution DH (94) 15 in the case of Sanfilippo against Italy);        Whereas the Committee of Ministers satisfied itself that on 16 August and 5 September 1995 the Government of Italy paid the applicants the total sum of 94 500 000 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.