Resolution CM/ ResDH (2010) 95 [1]

Execution of the judgment of the European Court of Human Rights

Pélissier and Sassi against France

(Application No. 25444/94, Grand Chamber judgment of 25 March 1999)

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 in this case, transmitted by the Court to the Committee once it had become final;

Recalling that the violations of the Convention found by the Court in this case concern an infringement of the rights of the defence and the excessive length of criminal proceedings (violations of Article 6, paragraphs 3 and 1) (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 the respondent state paid the a p plicants 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)95

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

Pélissier and Sassi against France

Introductory case summary

The case concerns the requalification by the Court of Appeal of the charges against the applicants during the deliberations. The Court considered this requalification to be breach of the applicants ’ right to be provided with detailed information on the nature and the cause of the charges against them and of their right to be granted sufficient time and facilities to prepare their defence (violation of Article 6, paragraphs 3 (a) and (b), of the Convention). The Court also held that the length of the criminal proceedings at issue was excessive (Article 6, paragraph 1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary and non-pecuniary damage

Costs and expenses

Total

180 000 FRF

(90 000 FRF for each applicant)

140 000 FRF

(70 000 FRF for each applicant)

320 000 FRF

(160 000 FRF for each applicant)

Paid on 07/07/1999, and 28/12/1999 for default interest

b) Individual measures

The applicants ’ conviction is deemed null and void, as indicated in certificate No. 1 of their criminal records. This indication means that the conviction at issue is no longer effective in criminal law and must no longer be mentioned in certificate No. 2 of their criminal records, which is solely accessible to public authorities and legal entities. The applicants are therefore considered as if they had never been convicted.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

An information note concerning the Court ’ s judgment, dated 5 July 1999, was sent to the First Presidents of Courts of Appeal and Principal State Prosecutors at Courts of Appeal with a view to its wide circulation. A long excerpt from the judgment was also issued in the newsletter of the Court of Cassation.

Besides, general measures have been taken to avoid excessive length of criminal proceedings as a whole. They have been described in respect of other cases (cf. Resolution CM/ ResDH (2007)39).

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicants of the violations 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 15 September 2010 at the 1092nd meeting of the Ministers’ Deputies .