CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 21 juin 1984

.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 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),   Having regard to the judgments of the European Court of Human Rights in the case of "Foti and Others", delivered on 10 December 1982 and 21 November 1983, and transmitted the same days to the Committee of Ministers;   Recalling that the case had its origins in four applications against Italy lodged with the European Commission of Human Rights, under Article 25 (art. 25) of the Convention by four Italian citizens, MM. Benito Foti, Felice Lentini, Demetrio Cenerini and Giovanni Gulli, the first three applicants alleging the violation of Article 6, paragraph 1 (art. 6-1), of the Convention because of the transfer of their trial to the Potenza Regional Court, Mr Cenerini the violation of Articles 2, 3, 4 and 5 (art. 2, art. 3, art. 4, art. 5) of the Convention because of ill-treatment he allegedly suffered at the hands of the police and because of his detention in the police station, and Mr Gulli the violation of Article 4, paragraph 1 (art. 4-1), and Article 6, paragraphs 1 and 2 (art. 6-1, art. 6-2), because of the refusal to authorise his appointment as a guard and because a "reasonable time" had been exceeded;   Recalling that the case had been brought before the Court by the European Commission of Human Rights;   Whereas in its judgment of 10 December 1982 the Court:   - Rejects by six votes to one the objection based by the Government on the "ex officio" examination of the issue of "reasonable time" within the meaning of Article 6, paragraph 1 (art. 6-1), in the case of Mr Foti, Mr Lentini and Mr Cenerini;   - Declares unanimously that the Government is stopped from relying on the rule of exhaustion of domestic remedies;   - Holds unanimously that there has been a breach of Article 6, paragraph 1 (art. 6-1), in respect of the four applicants;   - Holds unanimously that it is not necessary also to examine the case under Article 13 (art. 13);   - Holds unanimously that the question of the application of Article 50 (art. 50) is not yet ready for decision and invites the Commission to notify the Court of any settlement at which the Government and the applicants might have arrived;   Whereas in its judgment of 21 November 1983 the Court unanimously:   - Having taken note of the settlement with regard to Mr Foti and Mr Lentini, decides to strike the case off its list as regards those applicants;   - Takes formal note of the results obtained in the case of Mr Gulli;   - Holds that the Italian Republic is to pay:   a. to Mr Gulli, in respect of lawyer's fees and expenses, the sum of one million (1 000 000) Lire;   b. to Mr Cenerini, for damage suffered, the sum of ten million (10 000 000) Lire;   - Rejects the remainder of Mr Gulli's and Mr Cenerini's claims;   Having regard to the "Rules concerning the application of Article 54 (art. 54) of the Convention";   Having invited the Government of Italy to inform it of the measures which had been taken in consequence of the judgments, regarding its obligations under Article 53 (art. 53) of the Convention to abide by the judgments;   Whereas, during the examination of this case by the Committee of Ministers, the Government of Italy informed the Committee of Ministers of the measures taken in consequence of the judgments;   Having satisfied itself that the Government of Italy has paid to the applicants the sums in relation to Article 50 (art. 50) of the Convention provided for in the judgment of the Court of 21 November 1983,   Declares, after taking note of the information supplied by the Government of Italy, that it has exercised its function under Article 54 (art. 54) of the Convention in this case.