Resolution ResDH (2003)56 concerning the judgment of the European Court of Human Rights of 23 September 1998 in the case of I.A. 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 former Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the I.A. case delivered on 23 September 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 28213/95) against France, lodged with the European Commission of Human Rights on 29 March 1993 under former Article 25 of the Convention by Mr I.A., a French national, and that the Commission declared admissible the complaints concerning the excessive length of his detention on remand and of the criminal proceedings brought against him;

Recalling that the case was brought before the Court by the French Government on 26 December 1997;

Whereas in its judgment of 23 September 1998 the Court unanimously:

- held that there had been a violation of Article 5, paragraph 3, of the Convention;

- held that there had been no violation of Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay the applicant, within three months, 25 000 French francs in respect of costs and expenses and that simple interest at an annual rate of 3,36% would be payable on this sum from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s claim for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention as amended by Protocol No. 11, these Rules are applicable by decision of the Committee of Ministers to cases under former Article 54;

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 23 September 1998, having regard to France’s obligation under former Article 53 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);

Whereas no other measure was required, concerning the length of criminal proceedings, in the present case to conform to the Court’s judgment;

Having satisfied itself that on 16 March 1999, the government of the respondent state paid the applicant the sum provided for in the judgment of 23 September 1998, and that the default interest due, that is 191,01 French francs, was paid on 7 July 1999,

Declares, after having taken note of the information supplied by the Government of France, that it has exercised its functions under former Article 54 of the Convention in this case.