RESOLUTION DH (98) 307

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 25 JUNE 1996

IN THE CASE OF AMUUR AND OTHERS AGAINST FRANCE

(Adopted by the Committee of Ministers on 25 September 1998, at the 640th 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 Amuur case delivered on 25 June 1996 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 19776/92) against France, lodged with the European Commission of Human Rights on 27 March 1992 under Article 25 of the Convention by Mr Mahad Abdi Amuur, Ms Lahima Amuur, Mr Abdelkader Abdi Amuur and Mr Mohamed Abdi Amuur, Somali nationals, and that the Commission declared admissible the complaint according to which their holding in the international zone of Paris-Orly Airport from 9 to 29 March 1992, when they wished to enter France to seek asylum, constituted deprivation of liberty contrary to Article 5, paragraph 1,of the Convention ;

Recalling that the case was brought before the Court by the Commission on 1 May 1995;

Whereas in its judgment of 25 June 1996 the Court unanimously:

– dismissed the Government’s preliminary objection;

– held that article 5, paragraph 1, of the Convention applied in this case and had been breached;

– held that this judgment in itself constituted sufficient just satisfaction for the alleged prejudice;

– held that the respondent State was to pay the applicants, within three months, 57 000 French francs, including VAT, less 9 758 French francs for costs and expenses, and that simple interest at an annual rate of 6,65% should be payable from the expiry of the above-mentioned three months until settlement;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;

Having invited the government of the respondent State to inform it of the measures which had been taken in consequence of the judgment of 25 June 1996, having regard to France’s obligation under Article 53 of the Convention 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 in order to prevent new violations of the same kind as that found in the present case; this information appears in the appendix to this resolution;

Having satisfied itself that on 22 January 1997, 9 December 1997 and 16 March 1998, the Government of France paid the applicants the sum provided for in the judgment of 25 June 1996, together with the sum of 1 024.24 French francs as default interest due,

Declares, after having taken note of the information supplied by the Government of France, that it has exercised its functions under Article 54 of the Convention in this case.

Appendix to Resolution DH (98) 307

Information provided by the Government of France

during the examination of the Amuur and others case

by the Committee of Ministers

The legislation applicable to asylum seekers was amended after the application that gave rise to the present case was lodged and before the European Court of Human Rights had delivered its judgment. The Act of 6 July 1992, as amended by the Act of 27 December 1994, and the decrees of 15 December 1992 and 2 May 1995 are now applicable.

Under the Act of 6 July 1992, aliens may not be held in a waiting area for more than twenty days and detention beyond four and twelve days requires judicial authorisation. The Act also stipulates that, while they are being held in a waiting area, aliens may request the assistance of an interpreter and a doctor and communicate with a lawyer or any other person of their choice.

The decree of 15 December 1992 lays down the procedural rules and provides for legal aid for aliens subject to them. The decree of 2 May 1995 lays down the conditions for access of the delegate of the United Nations High Commissioner for Refugees or his representatives and humanitarian associations to waiting areas.

Finally, the judgment of the European Court of Human Rights has been published in the Revue Universelle des droits de l'homme of 31 October 1996, volume 8, No. 4-7.

The French government considers that it has thereby fulfilled its obligations under Article 53 of the Convention.