Resolution CM/ ResDH (2010) 97 [1]

Execution of the judgment of the European Court of Human Rights

Rachdad against France

(Application No. 71846/01, judgment of 13 November 2003, final on 13 February 2004)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Free doms, 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 violation of the Convention found by the Court in this case concerns a breach of the applicant ’ s right to a fair trial in criminal proceedings (violation of Article 6, paragraphs 1 and 3) (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 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 Rachdad case at the 940th meeting of the Ministers ’ Deputies (11 October 2005), that it has exercised 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)97

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

Rachdad against France

Introductory case summary

The case concerns the violation of the applicant ’ s right to a fair trial, in that having been convicted on the sole basis of statements made by witnesses when he had not been able to cross-examine or to have cross ‑ examined at any stage of the proceedings (violation of Article 6, paragraphs 1 and 3d).

In the proceedings at issue, the Court of Appeal, by decision dated 02/12/1998, increased the applicant ’ s sentence to six years ’ imprisonment and ordered his permanent expulsion from French territory.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

-

5 470 EUR

5 470 EUR

Paid on 17/05/2004, interest paid on 2/09/2004

b) Individual measures

On 26/01/05, the Reims Court of Appeal invalidated the order excluding the applicant from French territory. The applicant may still request a review of his case pursuant to Articles 626-1 et seq . of the Code of Criminal Procedure.

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

II. General measures

The government indicated that the judgment had been posted on the Ministry of Justice Intranet site and could be accessed by all courts as well as by the Ministry of Justice directorates. The government added that the judgment had been circulated to all courts that might be dealing with a similar case.

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