Resolution CM/ ResDH (2010)160 [1]

Execution of the judgment of the European Court of Human Rights

Mokrani against France

(Application No. 52206/99, judgment of 15 July 2003, final on 15 October 2003)

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the risk of violation of the rights to life and to private and family life of the applicant, an Algerian national, if an expulsion order against him were to be enforced, due in particular to the strength of this personal links with France;

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to clos e the examination of this case.

Appendix to Resolution CM/ ResDH (2010)160

Information about the measures to comply with the judgment in the case of

Mokrani against France

Introductory case summary

The case concerns an expulsion order (not executed) issued in 1995 against the applicant, an Algerian national. Although the European Court admits that contracting states might show considerable firmness as regards drug trafficking, it found that if the expulsion order were executed, it would not be proportionate to the aims pursued, given in particular the strength of the applicant ’ s personal ties with France and the absence of established ties in Algeria (violation of Article 8).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

2 500 EUR

3 970 EUR

6 470 EUR

Paid on 19/07/2004

b) Individual measures

Pursuant to the information provided by the French authorities, a compulsory residence order was issued in respect of the applicant on 30/10/2003, depriving the expulsion measure of any legal effect. The applicant is also entitled to work under the conditions set by a circular issued by the Minister of Solidarity, Health and Social Protection dated 23/01/1990. Besides, according to the applicant ’ s lawyer, the applicant lodged a claim to annul the expulsion order. In this respect, the French authorities pointed out that, taking into account the guarantees granted by the law dated 26/11/2003, he was entitled to obtain this annulment as well as a regular residence permit. In any event, the French authorities undertook not to implement the expulsion order.

In the light of this information, no further individual measure was considered necessary by the Committee of Ministers.

II. General measures

Article L.521-3 of the Foreigners ’ Entrance and Stay and Asylum Right Code provides reinforced protection of foreigners who might be in the same situation as the applicant, against a potential expulsion order.

Besides, prior to the delivery of an expulsion order, the administrative authorities (the prefect or the Ministry of the Interior) carries out an individual examination of each case so as to assess the impact of the measure on the private and family life of the concerned person and to watch over the respect of Article 8 of the Convention. Then, in the context of the monitoring undertaken of the lawfulness of administrative expulsion orders, the administrative courts examine the conformity of these measures with the Convention, by annuling of expulsion orders which surpass the need to defend public order with regard to the seriousness of the breach of private and family life.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that France has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 2 December 2010 at the 1100th meeting of the Ministers’ Deputies