D'Orazio and Others v. Italy
Struck out of the list
Berörda konventionsartiklar
FIRST SECTION
Application no. 36781/15 Giovanni D’ORAZIO against Italy and 6 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 14 December 2023 as a Committee composed of:
Krzysztof Wojtyczek , President , Lətif Hüseynov, Ivana Jelić , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr W. De Agostino and Ms R. Forliano, lawyers practising respectively in Rome and Calvello (Potenza).
The applicants’ complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of the criminal proceedings and the lack of an effective remedy in that regard were communicated to the Italian Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Italy in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 18 January 2024.
Viktoriya Maradudina Krzysztof Wojtyczek Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of the criminal proceedings and the lack of an effective remedy in that regard)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant/household
(in euros) [1]
Amount awarded for costs and expenses per application
(in euros) [2]
36781/15
20/07/2015
Giovanni D’ORAZIO
1972
De Agostino Walter
Rome
20/09/2023
09/08/2023
4,300
500
2654/16
22/12/2015
Alfredo ANTICO
1972
De Agostino Walter
Rome
20/09/2023
08/09/2023
3,600
500
13461/16
05/03/2016
Alessandra D’ARVIA
1963
De Agostino Walter
Rome
20/09/2023
08/09/2023
4,300
500
15092/16
07/03/2016
Biagio FALABELLA
1971
Forliano Raffaela
Calvello (PZ)
20/09/2023
09/09/2023
5,800
500
24778/16
23/04/2016
Giuseppe ROSCIANO
1956
Forliano Raffaela
Calvello (PZ)
12/10/2023
04/09/2023
5,800
500
48248/16
10/08/2016
Antonietta ALVINO
1978
Forliano Raffaela
Calvello (PZ)
20/09/2023
09/09/2023
2,900
500
54333/16
02/08/2016
Household:
Rocco Francesco Antonio CALABRESE
1944
Gianfranco Donato CALABRESE
1981
Forliano Raffaela
Calvello (PZ)
20/09/2023
09/09/2023
3,600
500
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.