RESOLUTION DH (97) 575

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 22 MARCH 1995

IN THE CASE OF QUINN AGAINST FRANCE

(Adopted by the Committee of Ministers on 15 December 1997

at the 610th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion 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 Quinn case delivered on 22 March 1995 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in an application (No. 18580/91) against France, lodged with the European Commission of Human Rights on 17 July 1991 under Article 25 of the Convention by Mr Thomas Quinn, an American national, and that the Commission declared admissible the complaints regarding the unlawfulness and excessive length of his detention on remand: by placing him in detention with a view to extradition, the French authorities had been simply seeking to ensure that he appeared for trial in the domestic proceedings, despite a court order of 4 August 1989 ordering his immediate release;

Recalling that the case was brought before the Court by the Commission on 9 December 1993 ;

Whereas in its judgment of 22 March 1995 the Court unanimously :

– held that there had been a violation of Article 5, paragraph 1, of the Convention on account of the applicant's continued detention on 4 August 1989 ;

– held that there had been a violation of Article 5, paragraph 1, of the Convention by reason of the length of the applicant's detention with a view to extradition ;

– held that there had been no violation of Article 5, paragraph 3, of the Convention ;

– held that it was not necessary to examine the case from the point of view of Article 18 of the Convention ;

– held that the respondent state was to pay the applicant, within three months, 60 000 French francs for non-pecuniary damage and 150 000 French francs for costs and expenses ;

– 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 France to inform it of the measures which had been taken in consequence of the judgment of 22 March 1995, 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 France gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment, which information appears in the appendix to this resolution;

Having satisfied itself that on 8 August 1995, the Government of France paid the applicant the sums provided for in the judgment of 22 March 1995,

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 (97) 575

Information provided by the Government of France

during the examination of the Quinn

by the Committee of Ministers

In order to draw the attention of the national courts and authorities concerned to the importance of observing the requirements of Article 5 of the Convention at issue in the present case, a summary of the Court's judgment has, in accordance with the usual practice, been published in the Court of Cassation's Information Bulletin (No. 413, 15 July 1995, p. 1).  Furthermore, the judgment has been distributed to the Principal Public Prosecutors and the First Presidents of the Courts of Appeal as well as to the prison authorities, together with a circular letter from the Ministry of Justice.