Resolution ResDH (2001)102 concerning the judgment of the European Court of Human Rights of 20 July 2000 (final on 20 October 2000) in the case of Abbas against France

(Adopted by the Committee of Ministers on 23 July 2001 at the 760 th 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 Abbas case delivered on 20 July 2000 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. 35783/97) against France, lodged with the European Commission of Human Rights on 23 February 1993 under former Article 25 of the Convention by Mr Abdelghani Abbas , an Algerian national; that the Commission declared admissible the complaint that the implementation of a three-year exclusion order constituted an infringement of his right to respect for private and family life and that the Court has been seized of the case under Article 5, paragraph 2, of Protocol No. 11;

Whereas in its judgment of 20 July 2000 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list;

Whereas under the above-mentioned friendly settlement it was agreed that the French authorities would deliver a residence permit to the applicant, who returned legally to France in August 1999;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

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

Having satisfied itself that the Government of the respondent state has taken, in favour of the applicant, the measures it had undertaken to adopt according to this friendly settlement (see the appendix of this Resolution),

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.

Appendix to Resolution ResDH (2001)102

Information provided by the Government of France during the examination of the Abbas case

By the Committee of Ministers

On 4 May 2000, a one-year residence permit, renewable, with work permit, was delivered to the applicant.

The Government of France considers that it has fulfilled the agreements underlying the friendly settlement.