RESOLUTION DH (96) 668

HUMAN RIGHTS

APPLICATION No. 22405/93

CENDRE AGAINST FRANCE

(Adopted by the Committee of Ministers on 15 November 1996

at the 576th 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 23 January 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 13 April 1993 by Mr Hervé Cendre against France (Application No. 22405/93) ;

Whereas on 16 February 1996 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 6 September 1995 (final decision as to the admissibility), the applicant complained of the excessive length of certain criminal proceedings ;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention ;

Whereas at the 571st meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, in a decision adopted on 13 September 1996, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a 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 applicant, proposals supplemented by a letter of the President of the Commission dated 12 July 1996 ;

Whereas at the 576th meeting of the Ministers' Deputies, the Committee of Ministers held, in a decision adopted on 15 November 1996, in accordance with Article 32, paragraph 2, of the Convention, that no sum of money was to be paid to the applicant as just satisfaction, since the latter had not submitted any claim in this respect ;

Whereas the Committee of Ministers invited the Government of France to inform it of the measures taken following its decisions of 13 September 1996 and 15 November 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 gave the Committee information about the measures taken in consequence of the Committee's decisions, which information appears in the appendix to this resolution,

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.

Appendix to Resolution DH (96) 668

Information provided by the Government of France

during the examination of the case of Cendre

by the Committee of Ministers

The report of the Commission has been distributed to the competent courts, according to a practice established by the Government of France in similar cases. The government is of the opinion that this practice will prevent the repetition of the kind of violation found in the present case.