CASE OF RAPUCCI AGAINST ITALY

2025-09-17T00:00:00
Resolution CM/ResDH(2025)234 Execution of the judgment of the European Court of Human Rights Rapucci against Italy   (Adopted by the Committee of Ministers on 17 September 2025 at the 1537th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 24615/16 RAPUCCI 26/09/2024 26/09/2024   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 judgment transmitted by the Court to the Committee in this case and to the violations of Article 6, paragraph 1, and Article 13 of the Convention, established on account of the excessive length of administrative proceedings and the ineffectiveness of a compensatory remedy (“Pinto”) available since 2001 to victims of excessively lengthy proceedings;   Recalling 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 invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;   Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2025)612);   Considering that the question of individual measures was resolved, given that the just satisfaction awarded by the Court was paid and the domestic proceedings which had given rise to the “Pinto” application had been terminated when the Court issued this judgment;   Recalling that the measures required in response to the violation of Article 6 were examined in the context of the case Abenavoli v. Italy (see Final Resolution CM/ResDH(2024)203) and the measures required to guarantee the non-repetition of the violation of Article 13 were examined in the context of the case Olivieri and Others v. Italy (see Final Resolution CM/ResDH(2022)351);   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;   DECIDES to close the examination thereof.