The Committee of Ministers, under the terms of Article 32 (art. 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 13 October 1993 by the European

Commission of Human Rights in accordance with Article 31 (art. 31) of the

Convention relating to the application lodged on 5 April 1991 by Mr P. M.

against France (Application No. 18228/91);

Whereas on 21 December 1993 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 (art. 32-1), of the Convention has elapsed without

the case having been brought before the European Court of Human Rights in

pursuance of Article 48 (art. 48) of the Convention;

Whereas in his application, as declared admissible by the Commission on 31

March 1993, the applicant complained of the excessive length of his detention on

remand and 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 5, paragraph 3 (art. 5-3), of the

Convention and that there had been no violation of Article 6, paragraph 1 (art.

6-1), of the Convention;

Whereas, at the 514th meeting of the Ministers' Deputies held on 9 June

1994, the Committee of Ministers, agreeing with the opinion expressed by the

Commission, held, having voted in accordance with the provisions of Article 32,

paragraph 1

(art. 32-1), of the Convention, that there had been in this case a violation of

Article 5, paragraph 3 (art. 5-3), of the Convention and that there had been no

violation of Article 6, paragraph 1 (art. 6-1), 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

15 September 1995;

Whereas, at the 546th meeting of the Deputies held

on 19 October 1995, the Committee of Ministers decided, in accordance with

Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of

France was to pay the applicant as just satisfaction, within three months, 15

000 French francs in respect of non-pecuniary damage and 20 000 French francs in

respect of costs and expenses, namely a total sum of 35 000 French francs;

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 19

October 1995, having regard to France's obligation under Article 32, paragraph 4

(art. 32-4), of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers

the Government of France provided the Committee with information about the

measures taken in consequence of the Committee's decisions, which information

appears in the appendix to this resolution;

Whereas the Committee of Ministers satisfied itself that

on 1 March 1996 the Government of France paid the applicant the total sum of 35

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 (art. 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) 395

Information provided by the Government of France

during the examination of the case of P. M.

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 any

repetition of violations similar to that found in the present case.