Resolution ResDH (2002)1 concerning the judgment of the European Court of Human Rights of 28 October 1998 in the case of Aït-Mouhoub against France

(Adopted by the Committee of Ministers on 6 March 2002 at the 783rd 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 Aït-Mouhoub case delivered on 28 October 1998 and transmitted the same day to the Committee of Ministers; Recalling that the case originated in an application (No. 22924/93) against France, lodged with the European Commission of Human Rights on 9 November 1992 under former Article 25 of the Convention by Mr Areski Aït-Mouhoub , a French national, and that the Commission declared admissible the complaint that the large amount of the sums fixed by the investigating judge to be paid into court upon lodging his complaints, had deprived him in practice of his right of access to a tribunal; Recalling that the case was brought before the Court by the Commission on 29 October 1997 and by the Government on 7 January 1998; Whereas in its judgment of 28 October 1998 the Court: - held, unanimously, that as regards the second criminal complaint, Article 6, paragraph 1, of the Convention applies to the proceedings in issue and that there had been a violation of it; - held, by eight votes to one, that as regards the first complaint, Article 6, paragraph 1, of the Convention applies to the proceedings in issue and that there had been a violation of it; - held, unanimously, that the present judgment in itself constituted sufficient just satisfaction for any non-pecuniary damage; - held, unanimously, that the government of the respondent state was to pay the applicant, within three months, 30 000 French francs, value-added tax not included, 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 unanimously the remainder of the claim for just satisfaction; Having regard to the Rules adopted by the Committee of Ministers concerning the application of former Article 54 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 28 October 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 indicated that the Court’s judgment had been published in the Bulletin des arrêts de la Cour de cassation of 15 January 1999, commented in the Revue de Droit Public n° 3-1999 and sent out to the authorities directly concerned; Having satisfied itself that on 29 April 1999, the government of the respondent state paid the applicant the sum provided for in the judgment of 28 October 1998, and that the default interest due, that is 251.30 French francs, was paid on 3 November 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.