European Court of Human Rights

Resolution CM/ResDH(2015)155
Execution of the judgments of the European Court of Human Rights in
Thirty-four cases against Italy

(Adopted by the Committee of Ministers on 24 September 2015
at the 1236th meeting of the Ministers’ Deputies)

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 final judgments transmitted by the Court to the Committee in these cases and to the violations established;

Recalling that in these cases the Court found a violation of the Convention only in relation to the insufficient amount of compensation awarded by domestic jurisdictions following “Pinto” proceedings;

Recalling also the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded 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 noted that the just satisfaction, where awarded, has been paid by the government of the respondent State and that the domestic proceedings covered by the “Pinto” procedures are terminated;

Having also noted that the Italian jurisdictions now constantly award, under the “Pinto” Law, compensation that is compliant with the case-law of the Court;

Recalling that the Committee continues its examination of the outstanding questions relating to the “Pinto” remedy (in particular, delay in the payment of the compensation; excessive length of “Pinto” proceedings; access to the “Pinto” remedy made conditional upon the termination of the main proceedings and no possibility for compensation for proceedings that have lasted six years or less) within the framework of the other cases of the Giuseppe Mostacciuolo group and the Gaglione and Others case,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in the cases listed above and

DECIDES to close their examination.