CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 14 mai 1990

.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 judgment of the European Court of Human Rights in the Ciulla case delivered on 22 February 1989 and transmitted the same day to the Committee of Ministers;   Recalling that the case originated in an application against Italy lodged with the European Commission of Human Rights on 5 June 1984 under Article 25 (art. 25) of the Convention by Mr Salvatore Ciulla, an Italian national, who complained of his arrest and detention pending a decision on an application for a compulsory residence order and of the impossibility for him under Italian law to obtain an entitlement to compensation following that deprivation of liberty;   Recalling that the case was brought before the Court by the Commission on 15 July 1987;   Whereas in its judgment of 22 February 1989 the Court:   - held unanimously that the Government were estopped from relying on the rule of exhaustion of domestic remedies as regards the possibilities of:   - pleading Article 5 (art. 5) of the Convention in support of an appeal on points of law;   - applying for a review of the constitutionality of Section 6 of the 1956 law;   - bringing an action for damages against the state;   - rejected unanimously as unfounded the remainder of the objection that domestic remedies had not been exhausted;   - held by fifteen votes to two that there had been a violation of paragraph 1 of Article 5 (art. 5-1) of the Convention;   - held by thirteen votes to four that ther had been a violation of paragraph 5 (art. 5-5) of the same provision;   - held unanimously that the present judgment constituted in itself sufficient just satisfaction for the purpose of Article 50 (art. 50);   Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;   Having invited the Goverment of Italy to inform it of the measures which had been taken in consequence of the judgment, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;   Whereas, during the examination of the case by the Committee of Ministers, the Government of Italy gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution,   Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.   Appendix to Resolution DH (90) 13   Information provided by the Government of Italy during the examination of the Ciulla case before the Committee of Ministers   Law No. 327 of 3 August 1988, amending Article 6 of the 1956 law, abolished the special form of detention at issue in the present case. This amendment was already made before the Court's judgment was delivered on 22 February 1989.   Articles 314 and 315 of the new Code of Criminal Procedure which came into force on 24 October 1989 establish a right to compensation for wrongful detention in certain circumstances.