RESOLUTION DH (98) 8

HUMAN RIGHTS

APPLICATION No. 18974/91 and 19334/92

LAIDI, RUELLAN AND LAUMONT AGAINST FRANCE

(Adopted by the Committee of Ministers on 18 February 1998

at the 618 th 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 the report drawn up on 5 July 1994, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 21 September 1990 and 13 November 1991 by M. Akli Laidi, Ms Marie ‑ Noëlle Ruellan and M. Guy Laumont against France (Applications No. 18974/91 and 19334/92);

Whereas on 10 August 1994 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention , the Committee of Ministers is therefore now called upon to take a decision in accordance with Article 32 of the Convention;

Whereas in their applications, as declared admissible by the Commission on 12 January 1994, the applicants complained of the interception and the recording of their telephone conversations by criminal investigation police officers, and of the unfairness of the criminal proceedings brought against them;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 8 of the Convention and that there had been no violation of Article 6, paragraph 1, of the Convention;

Whereas, at the 522nd meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreeing with the opinion expressed by the Commission, held, by a decision adopted on 6 December 1994, that there had been in this case a violation of Article 8 of the Convention and that there had been no violation of Article 6, paragraph 1, of the Convention;

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 letters of the President of the Commission dated 26 May 1995 and 19 February 1997;

Whereas, at the 542nd meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held, by a decision adopted on 11 September 1995, in accordance with Article 32, paragraph 2, of the Convention, that the Government of France was to pay to each of the two applicants, Mr Akli Laidi and Ms Marie-Noëlle Ruellan, as just satisfaction, within three months, the sum of 7 500 French francs in respect of non-pecuniary damage and jointly the sums of 22 000 French francs for costs incurred before domestic courts and 8 815 French francs for costs incurred before the Commission, namely a total sum of 45 815 French francs;

Whereas, at the 597nd meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held, by a decision adopted on 11 July 1997, in accordance with Article 32, paragraph 2, of the Convention, that the Government of France was to pay to Mr. Guy Laumont, within three months, the sum of 7 500 French francs for non material damage and the sum of 15 500 French francs for costs and expenses, namely a total sum of 23 000 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 applicant;

Whereas the Committee of Ministers invited the Government of France to inform it of the measures taken following its decisions of 6 December 1994, 11 September 1995 and 11 July 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 France accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this case, through the Act of 10 July 1991 concerning the secrecy of correspondence transmitted through telecommunications which has conferred a legal basis on telephone-tapping (see Resolution DH (92) 40 adopted in the case of Huvig against France);

Whereas the Committee of Ministers satisfied itself that on 24 April 1996,

the Government of France paid the applicants Mr Akli Laidi and Ms Marie-Noëlle Ruellan the total sum of 45 815 French francs as just satisfaction; and that on 1 October 1997, within the time-limit set, the Government of France paid the applicant Mr. Guy Laumont the total sum of 23 000 French francs as just satisfaction;

Declares, having taken note of the measures taken by the Government of France, that it has exercised its functions under Article 32 of the Convention in this case;

Authorises the publication of the report adopted by the Commission in this case.