RESOLUTION DH (97) 481

HUMAN RIGHTS APPLICATION No. 16157/90 PICAUD AGAINST FRANCE

(Adopted by the Committee of Ministers on 29 October 1997 at the 605th 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 11 January 1994, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 6 December 1989 by Mr Alain Picaud against France (Application No. 16157/90);

Whereas on 24 February 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;

Whereas in his application, as declared admissible by the Commission on 31 March 1993, the applicant complained of the interception and the recording of his telephone conversations by criminal investigation police officers;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 8 of the Convention

; Whereas, at the 514th 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 agreed with the opinion expressed by the Commission, held, by decision adopted on 9 June 1994, that there had been in this case a violation of Article 8 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 applicant, proposals supplemented by a letter of the President of the Commission dated 26 May 1995;

Whereas, at the 556th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 9 February 1996, in accordance with Article 32, paragraph 2, of the Convention, that the Government of France was to pay the applicant as just satisfaction, within three months, 7 500 French francs in respect of non-pecuniary damage and 17 488 French francs in respect of costs and expenses, namely a total sum of 24 988 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 9 June 1994 and 9 February 1996, 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 23 May 1996, the Government of France paid the applicant the total sum of 24 988 French francs as just satisfaction, within one month of the time-limit set and thus no default interest was due in accordance with the above-mentioned decisions of the Committee of Ministers concerning the modalities of default interest payment;

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.