European Court of Human Rights

Resolution CM/ResDH(2009)82¹

Execution of the judgment of the European Court of Human Rights

L.M. against Italy

(Application No. 60033/00, judgment of 8 February 2005, final on 8 May 2005)

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that in this case the Court found a violation of the applicant's right to respect of her privacy (Article 8) due to an unlawful search of her home in 1999 (violation of Article 8) and to the absence of effective remedies in this respect (violation of Article 13) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

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

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix) that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2009)82

Information about the measures taken to comply with the judgment in the case of

L.M. against Italy

Introductory case summary

The case concerns a violation of the applicant's right to respect for her private life (violation of Article 8) on account of a home search made in 1999, the lawfulness of which was not submitted to the supervisory procedure prescribed by Section 352§4 of the Italian Code of Criminal Procedure. The case also concerns the lack of an effective remedy whereby the applicant could establish the unlawfulness of the search, particularly in view of the fact that no property was seized as a result (violation of Article 13).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The European Court awarded a just satisfaction in respect of non-pecuniary damage and costs, thus remedying any remaining consequences for the applicant of the violations found.

II. General measures

The judgment was published, in French, on the site of the Italian Court of Cassation (www.cortedicassazione.it). Other general measures have not been considered necessary as the violation of Article 8 found in this case was the result of an isolated failure to comply with domestic law (cf. §52 of the judgment).

III. Conclusions of the respondent state

The government considers that no individual measure is called for and that the measures adopted will prevent new, similar violations and that Italy has thus complied with its obligations under Article 46, paragraph 1, of the Convention.