CASE OF TONDO AGAINST ITALY

2026-04-29T00:00:00
Resolution CM/ResDH(2026)80 Execution of the judgment of the European Court of Human Rights Tondo against Italy   (Adopted by the Committee of Ministers on 29 April 2026 at the 1558th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 75037/14 TONDO 22/10/2020 22/10/2020   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 violation of Article 6, paragraph 1, of the Convention established due to the failure by the appeal court to order a new hearing of the prosecution witness before overturning the acquittal rendered at first instance;   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 judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2026)59);   Considering that the question of individual measures was resolved, given that the just satisfaction awarded by the Court was paid and that, during the reopening of the proceedings, the examination of the key witnesses was granted;   Recalling that the measures required in response to the violation established were examined in the context of the case Lorefice v. Italy (see Final Resolution CM/ResDH(2021)119);   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and   DECIDES to close the examination thereof.