COMMITTEE OF MINISTERS

Resolution ResDH (2000)144

concerning the judgment of the European Court of Human Rights of 26 October 1999 (final on 26 January 2000) in the case of Maini against France

(Adopted by the Committee of Ministers on 18 December 2000 at the 732 nd 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 Maini case delivered on 26 October 1999 and transmitted to the Committee of Ministers once it had become final under Article 44 of the Convention;

Recalling that the case originated in an application (No. 31801/96 ) against France, lodged with the European Commission of Human Rights on 10 January 1996 under former Article 25 of the Co n vention by Mr Alain Maini , a French national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain criminal proceedings combined with civil action for damages;

Whereas in its judgment of 26 October 1999 the Court unanimously:

- 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, 30 000 French francs in respect of non-pecuniary damage and 413 French francs in respect of costs and expenses and that simple interest at an annual rate of 3.47 % 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 satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of previous Art i cle 54 of the Convention which are, for the time being, applicable by analogy to cases under Article 46, paragraph 2, of the Convention as amended by Protocol No. 11;

Having invited the Government of the respondent State to inform it of the mea s ures which had been taken in consequence of the judgment of 26 October 1999, having regard to France’s obligation under Article 46, paragraph 1, of the Conve n tion 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 sent out to the authorities directly concerned;

Having satisfied itself that on 18 January 2000, within the time-limit set, the Government of the respondent State had paid the a p plicant the sums provided for in the judgment of 26 October 1999,

Declares, after having taken note of the information supplied by the Government of France, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.