Resolution CM /ResDH(2007) 160 [1]

Execution of the judgments of the European Court of Human Rights

4 cases against France regarding the right of access to the Cour de cassation

(forfeiture of appeals on point of law in application of former Article 583 of the

Code of criminal procedure)

Coste Application No. 50528/99, judgment of 17 December 2002 final on 17 March 2003

Goth Application No. 53613/99, judgment of 16 May 2002, final on 16 August 2002

Morel Application No. 43284/98, judgment of 12 February 2004 final on 7 July 2004

Walser Application No. 56653/00 judgment of 1st July 2004, final on 1st October 2004

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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violation of the Convention found by the Court in these cases concern a breach to the applicants ' right of access to a court on account of the forfeiture of their appeals on points of law in application of Article 583 of the code of criminal procedure, because they had not obtain an exemption from surrendering to custody and did not surrender to custody before the examination of their appeal on points of law;

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 judgments;

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 judgments (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 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

- general measures preventing, similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix) and considering the decisions taken at the 863rd meeting of the Ministers ' Deputies ( 6 January 2004 ) for the case of Goth , 891st meeting (20 July 2004) for the case of Coste, 928th meeting (21 June 2005) for the case of Walser et 955th meeting (22 February 2006) for the case of Morel, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM /ResDH(2007)160

Information about the measures to comply with the judgments in

4 cases against France regarding the right of access to the Cour de cassation

(forfeiture of appeals on point of law in application of former Article 583 of the

Code of criminal procedure)

Introductory case summary

These cases concern a breach to the applicants ' right of access to a court on account of the forfeiture of their appeals on points of law in application of Article 583 of the code of criminal procedure, because they had not obtain an exemption from surrendering to custody and did not surrender to custody before the examination of their appeal on points of law;

I. P ayments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Coste No. 50528/99

3000 euros

700 euros

3700 euros

P aid on 22 August 2003

Goth No. 53613/99

3000 euros

3000 euros

P aid on 2 December 2002, default interests paid on 30 May 2003

Morel No. 43284/98

1933 euros

1933 euros

P aid on 9 December 2004, default interests paid on 20 July 2005

Walser No. 6653/00

3000 euros

6744 euros

9744 euros

P aid on 21 December 2004

b) Individual measures

Section 626-1 of Law No. 2000-516 of 15 June 2000 strengthening the protection of the presumption of innocence and victims ' rights provides that “review of a final criminal court decision may be requested on behalf of any person found guilty of an offence where it emerges from a judgment delivered by the European Court of Human Rights that sentence was passed in a manner violating the provisions of the Convention for the P rotection of Human Rights and Fundamental Freedoms or of the protocols thereto, if the nature and the gravity of the violation found are such as to subject the sentenced person to prejudicial consequences that could not be remedied by the just satisfaction awarded on the basis of Article 41 of the Convention.”

On the basis of this provision, M. Morel requested a review of the proceedings pertaining to him.

The other applicants did not avail themselves of this possibility.

II. General measures

The government recalls that measures have been adopted in order to avoid repetition of violations similar to those of the present cases, with the abrogation of Articles 583 and 583-1 of the Code of criminal procedure (see CM /ResDH(2007)154 in the case of Khalfaoui).

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 these cases, that these measures will prevent new, 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 19 December 2007 at the 1013th meeting of the Ministers’ Deputies