Resolution ResDH (2003)64 concerning the judgment of the European Court of Human Rights of 31 July 2001 (final on 31 October 2001) in the case of Zannouti 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 Zannouti case delivered on 31 July 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 an application (No. 42211/98) against France, lodged with the European Commission of Human Rights on 9 October 1997 under former Article 25 of the Convention by Mr Driss Zannouti , a French national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints concerning the excessive length of the applicant’s detention on remand and of the criminal proceeding brought against him;

Whereas in its judgment of 31 July 2001 the Court unanimously:

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

- held that there had been a 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 from the date on which the judgment became final, 50.000 French francs in respect of non-pecuniary damage, 30 000 French francs in respect of costs and expenses and that simple interest at an annual rate of 4,26% would be payable on those sums 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;

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 31 July 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);

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 14 June 2002, after the expiry of the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 31 July 2001, and that the default interest due, that is 195 euros, was paid on 18 November 2002,

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.