Final Resolution ResDH (2003)54 Human Rights Application No. 22578/93 G.N. II against France

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

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH(97)224, adopted on 15 May 1997 in the case of G.N. II against France, in which the Committee of Ministers decided that there had been a violation of Article 5, paragraph 3, of the Convention on account of the excessive length of the applicant’s detention on remand and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 16 December 1997;

Whereas at the 618th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 18 February 1998, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, 40 000 French francs in respect of non-pecuniary damage and 40 000 French francs in respect of costs and expenses, namely a total sum of 80 000 French francs, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 15 May 1997 and 18 February 1998, having regard to France’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;

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 the Committee of Ministers satisfied itself that on 26 March 1998, within the time-limit set, the government of the respondent state had paid the applicant the total sum of 80 000 French francs as just satisfaction,

Declares, after having taken note of the measures taken by the Government of France, that it has exercised its functions under former Article 32 of the Convention in this case.