Final resolution DH (99) 704

HUMAN RIGHTS

APPLICATION No. 27873/95

MOUESCA 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 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 (98) 222, adopted on 10 July 1998 in the case of Mouesca against France, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention due to the excessive length of certain criminal proceedings, and decided 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 19 October 1998;

Whereas at the 659th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 19 February 1999, in  accordance with 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, 22 027 French francs in respect of costs and expenses, and at the 666th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 15 April 1999, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months 70 000 French francs in respect of non-pecuniary damage, 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 these decisions, it being understood that the interest would accrue from the expiry of the time-limit until 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 10 July 1998, 19 February 1999 and 15 April 1999, having regard to France’s obligation under 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 indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that the Government of the respondent State had paid the applicant within the time-limit set, on 2 April 1999, the sum of 22 027 French francs and on 28 June 1999 the sum of 70 000 French francs as just satisfaction,

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