resolution DH (99) 350

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 23 APRIL 1996 IN THE CASE OF REMLI AGAINST FRANCE

(Adopted by the Committee of Ministers on 9 June 1999 at the 672nd 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 Remli case delivered on 23 April 1996 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 16839/90) against France, lodged with the European Commission of Human Rights on the 16 May 1990 under Article 25 of the Co n vention by Mr Saïd André Remli , a French national of Algerian origin, and that the Commission declared admissible the complaint that the refusal of the Cour d'Assise to have formal note taken of racist remarks made by a member of the jury constituted a breach of his right to an impartial tribunal, as guaranteed by Article 6, paragraph 1, of the Convention;

Recalling that the case was brought before the Court by the Commission on 18 January 1995;

Whereas in its judgment of  23 April 1996 the Court:

- dismissed, by seven votes to two, the government's preliminary objection based on non-exhaustion of domestic remedies in respect of the complaint under Article 6 of the Convention;

- held, unanimously, that as domestic remedies had not been exhausted, it could not entertain the complaint under Article 14 of the Convention taken together with Article 6;

- dismissed, unanimously, the government's preliminary objection based on failure to comply with the six-month time-limit;

- held, by five votes to four, that there had been a breach of Article 6, paragraph 1, of the Convention;

- held, unanimously, that this judgment constituted sufficient just satisfaction in respect of the alleged damage;

- held, by eight votes to one, that the Government of the respondent State was to pay the applicant, within three months, 60 000 French francs in respect of costs and expenses and that simple interest at an annual rate of 6,65% 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 April 1996, 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 accordingly indicated that the Court's judgment had been published in la Gazette du Palais of 11 and 12 July 1997 and sent out to the authorities directly concerned;

Having satisfied itself that on 16 September 1996 the Government of the respondent State paid the a p plicant the sum provided for in the judgment of 23 April 1996, and that the default interest due, that is 601,23 French francs, has been paid,

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.