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FARÇAT AGAINST FRANCE

Doc ref: 17969/91 • ECHR ID: 001-51266

Document date: June 25, 1996

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FARÇAT AGAINST FRANCE

Doc ref: 17969/91 • ECHR ID: 001-51266

Document date: June 25, 1996

Cited paragraphs only



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 11 January 1995 by the European

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

Convention relating to the application lodged on 10 June 1988 by Mr Claude

Farçat and Ms Henriette Farçat against France (Application No. 17969/91);

Whereas on 16 February 1995 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 their application, as declared admissible by the Commission on

1 September 1993 (final decision as to the admissibility), the applicants

complained of the excessive length of certain criminal proceedings combined with

civil action for damages;

Whereas in its report the Commission expressed, unanimously, the opinion

that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

Whereas, at the 542nd meeting of the Ministers' Deputies held on 7

September 1995, 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 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 applicants, proposals supplemented by a letter of the President

of the Commission dated 26 May 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, ex æquo et bono, the applicants as just satisfaction, within three

months, 50 000 French francs in respect of non-pecuniary damage;

Whereas the Committee of Ministers invited the Government of France to

inform it of the measures taken following its decisions of 7 September 1995 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 20 March 1996 the Government of France paid the applicants the total sum of

50 000 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) 256

Information provided by the Government of France

during the examination of the case of Farçat

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.

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