Resolution CM/ ResDH (2010) 90 [1]

Execution of the judgment of the European Court of Human Rights

Destrehem against France

(Application No. 56651/00, judgment of 18 May 2004, final on18 August 2004)

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 breach of the applicant ’ s right to a fair trial in criminal proceedings (Article 6, paragraphs 1 and 3d) (see details in Appendix);

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, within the time-limit set, 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) and considering the decision taken in the Destrehem case at the 940 th meeting of the Ministers ’ Deputies (11 October 2005), 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)90

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

Destrehem against France

Introductory case summary

The case concerns a breach of the right to a fair trial, as enshrined in Article 6 of the Convention, in criminal proceedings against the applicant in 1998-1999 for assaulting police officers and damaging public property. The court of appeal refused to summons and examine defence witnesses, by virtue of the discretion granted under Article 513 of the Code of Criminal Procedure, on the ground that their statements to the first-instance court had been duly recorded in the case-file.

The European Court found that the court of appeal had grounded the applicant ’ s conviction on a fresh interpretation of evidence given by witnesses it had not itself examined, despite requests by the applicant that it do so. The applicant had thus been found guilty on the basis of testimony that had considerably restricted his defence rights, and been sentenced to a penalty that the court of appeal itself described as “harsh” (violation of Article 6§§1 and 3).

The applicant was ordered to pay various sums and sentenced to 8 months ’ imprisonment, five of which were suspended.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

5 000 EUR

9 797,95 EUR

14 797,95 EUR

Paid on 28/10/2004

b) Individual measures

The applicant may ask for his case to be re-examined under Articles 626-1 ff of the Code of Criminal Procedure. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The government confirmed that the judgment had been sent out to all the courts that might be required to hear similar cases.

III. Conclusions of the respondent state

The government considers that it has executed the judgment in that it has taken individual measures to redress as far as possible the prejudice sustained by the applicant and in that the general measures adopted will prevent similar violations and that France has accordingly fulfilled its obligations pursuant to Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 15 September 2010 at the 1092nd meeting of the Ministers’ Deputies