Final resolution DH (99) 4

HUMAN RIGHTS

APPLICATION No. 19053/91

HAYOT AND SOCIÉTÉ CARAÏBE DE DÉVELOPPEMENT AGAINST FRANCE

(Adopted by the Committee of Ministers on 18 January 1999 at the 654th 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 (97) 474 adopted on 17 September 1997, by which the Committee of Ministers made public its decision adopted on 22 March 1996 (559th meeting) according to which there had been a violation of Article 6, paragraph 1, of the Convention and no violation of Article 1 of Protocole No. 1 in the present case, and authorised the publication of the report of the European Commission of Human Rights;

Whereas the government of France informed the Committee of Ministers that the sums owed by France, in compensation for the prejudice suffered by the applicants on account of the refusal by the Prefect of Martinique to authorise police assistance to enforce the eviction of the squatters from the applicants’ property, had been paid and that the illegal occupants were being removed from the applicants’ property; implementation of both elements being the essential condition at the basis of the finding of a non-violation of Article 1 of Protocole No. 1;

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 applicants, proposals supplemented by a letter of the President of the Commission dated 25 September 1996;

Whereas at the 599th meeting of the Ministers' Deputies, the Committee of Ministers, agre e ing with the Commission's proposals, held by a decision adopted on 17 September 1997, in accordance with Article 32, paragraph 2, of the Convention, that the government of the respondent State was to pay the applicants as just satisfaction, within three months, 20 000 French francs in respect of non-pecuniary damage and 11 030 French francs in respect of costs and expenses, namely a total sum of 31 030 French francs, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting (17 September 1997) on the general principles regarding the payment of default interest)at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicants;

Whereas the Committee of Ministers invited the government of the respondent State to inform it of the measures taken following its decisions of 22 March 1996 and 17 September 1997, 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 accordingly 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 on 29 October 1997, within the time-limit set, the government of the respondent State had paid the applicant the total sum of 31 030 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.