RESOLUTION DH (98) 146

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 18 MARCH 1997 IN THE CASE OF FOUCHER AGAINST FRANCE

(Adopted by the Committee of Ministers on 11 June 1998 at the 633rd 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 Foucher case delivered on 18 March 1997 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 22209/93) against France, lodged with the European Commission of Human Rights on 16 April 1993, under Article 25 of the Convention by Mr Frédéric Foucher, a French national, and that the Commission declared admissible the complaints according to which the applicant had not been able to have access to his case file or to obtain a copy of the documents in it;

Recalling that the case was brought before the Court by the Commission on 25 January 1996 and by the Government of France on 6 February 1996;

Whereas in its judgment of 18 March 1997 the Court unanimously:

- held that there had been a breach of Article 6, paragraph 1, of the Convention, taken together with Article 6, paragraph 3, of the Convention;

- - held that the present judgment constituted in itself sufficient just satisfaction as regards the applicant's non-pecuniary damage;

- - held that the respondent State was to pay the applicant, within three months, 15 000 French francs in respect of costs and expenses less 11 357 French francs already paid in legal aid and that simple interest at an annual rate of 3.87% should be payable on this sum from the expiry of the above-mentioned three months until settlement;

- - dismissed the remainder of the claim for just satisfaction;

- 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 18 March 1997, 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 accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this case, notably through a change in the case-law of the Cour de cassation following its judgment of 12 June 1996, according to which a defendant has henceforth access to his criminal file and copies of the documents contained in it, and that the Court's judgment had been published in Bulletin de la Cour de cassation and sent out to the authorities directly concerned;

Having satisfied itself that on 27 June 1997, the government of the respondent State paid the applicant the sum provided for in the judgment of 18 March 1998 and having taken note of the fact that the applicant has waived his right to default interest in view of the minimal sum involved,

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.