Resolution ResDH (2003)55 concerning the judgment of the European Court of Human Rights of 13 February 2001 (final on 13 May 2001) in the case of Gombert and Gochgarian against France

(Adopted by the Committee of Ministers on 24 April 2003 at the 834th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the case of Gombert and Gochgarian delivered on 13 February 2001 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in two applications (Nos. 39779/98 and 39781/98) against France, lodged with the European Commission of Human Rights on 4 December 1997 under former Article 25 of the Convention by Mr Philippe Gombert and Mr Jacques Gochgarian , two French nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of their detention on remand;

Whereas in its judgment of 13 February 2001 the Court, unanimously, held that there had been a violation of Article 5, paragraph 3, of the Convention;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 13 February 2001, having regard to France’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state has indicated that the Court’s judgment was transmitted to the authorities directly concerned and recalled that measures had been taken to avoid further similar violation to that found in the present case, through the adoption of Law No. 2000-516 of 15 June 2000 strengthening the protection of the presumption of innocence and the rights of victims, which entered into force on 16 June 2000 and was completed by the laws of 4 March 2002 and 9 September 2002 (see Resolution ResDH (2003)50 in the case of Muller against France);

Declares, after having taken note of the information supplied by the Government of France, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.