Resolution CM/ResDH(2008) 7 [1]

Execution of the judgment of the European Court of Human Rights

Caloc against France

(Application No. 33951/96, judgment of 20July 2000, final on 20 July 2000)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 excessive length of certain criminal proceedings to which the applicant was a civil party (violation of Article 6§1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with France ' s 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(s) 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 in the judgment, 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 at the 841st meeting of the Ministers ' Deputies (17 June 2003), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2008)7

Information about the measures taken to comply with the judgment in the case of Caloc against France

Introductory case summary

The case concerns the excessive length of certain criminal proceedings with a civil-party application lodged by the applicant who complained that he had been ill-treated in custody, in Lorrain in Martinique (violation of Article 6§1).

The proceedings lasted 7 years and 3 days (from 3 March 1989 to 6 March 1996).

The Court considered that special diligence was required of the relevant judicial authorities in investigating a complaint lodged by an individual alleging that he had been subjected to violence by police officers. The Court considered that although the Indictment Division of the Basse-Terre Court of Appeal in Guadeloupe , in particular, carried out an especially thorough and meticulous investigation, the necessary diligence was not shown in the case as a whole.

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

60 000 FF

10 000 FF

70 000 FF

P aid with interest on 30 July 2001

b) Individual measures

The proceedings had ended by the time the Court issued its judgment.

II. General measures

Having regard to the specific circumstances of the case, copies of the judgment were sent out to the authorities concerned, together with a letter from the Attorney General of the Fort de France Court of Appeal, in order to inform them of the requirements of the Convention.

Moreover, the Court ' s judgment has been published on the website Légifrance (Légifrance.gouv.fr).

III. Conclusions of the respondent state

The government considers that, having regard to the particular circumstances of the case, the measures adopted will prevent new violations similar to those found in this case 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 27 March 2008 at the 1020th meeting of the Ministers’ Deputies