r esolution DH (99) 713

Concerning the judgment of the European Court of Human Rights of 23 September 1998 in the case of Lehideux and Isorni against France

(Adopted by the Committee of Ministers on 3 December 1999 at the 688th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of 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 Lehideux and Isorni case delivered on 23 September 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 24662/94) against France, lodged with the European Commission of Human Rights on 13 May 1994 under Article 25 of the Co n vention by Mr Marie-François Lehideux and Mr Jacques Isorni , two French nationals, and that the Commission declared admissible the complaint that their conviction for complicity in public defence of war crimes or the crime of collaboration following the publication of an advertisement on Marshal Pétain in the newspaper « Le Monde », constituted a breach of Article 10 of the Convention;

Recalling that the case was brought before the Court by the Commission on 28 May 1997 and by the French government on 8 August 1997;

Whereas in its judgment of 23 September 1998 the Court:

- held, by fifteen votes to six, that there had been a violation of Article 10 of the Convention;

- held, unanimously, that the finding of a violation constituted in itself sufficient just satisfaction for the non pecuniary damage sustained by the applicants;

- held, unanimously, that the government of the respondent state was to pay the applicants, within three months, 100 000 French francs 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 satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Art i cle 54 of the Convention;

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 23 September 1998, having regard to France’s obligation under Article 53 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 gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment (this information appears in the appendix to this resolution);

Having satisfied itself that on 3 March 1999, the government of the respondent state paid the a p plicants the sums provided for in the judgment of 23 September 1998, and that the default interest due, that is 644.38 French francs, was paid on 7 July 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 54 of the Convention in this case.

Appendix to Resolution DH (99) 713

Information provided by the Government of France during the examination of the Lehideux and Isorni case

by the Committee of Ministers

The judgment of the European Court of Human Rights has been sent out to the authorities directly concerned and published in the Revue trimestrielle des droits de l’homme, No. 38, dated 1 April 1999, and in La semaine juridique, No. 26, dated 30 June 1999; it may also be consulted on the website Légifrance ( www.legifrance.gouv.fr ).

The government considers that, given the status of the Convention and of the European Court of Human Rights’ case-law in French domestic law (see, inter alia , Cass. Soc. 14 January 1999 Bozkurt, Cass. Civ. 28 April 1998 M. G., Cass. Com. Ferreira 29 April 1997 and Cass. Crim. Landry 6 May 1997), the French courts will henceforth ensure that cases concerning the offence of public defence of war crimes or the crime of collaboration will be conducted in the respect of freedom of expression, as defined by the Court’s judgment in the case of Lehideux and Isorni.

The government is of the opinion that there is therefore no risk of a repeat of the breach of the Convention found in the present case and that it has thus fulfilled its obligations under Article 54 of the Convention.