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 by the European Commission of Human

Rights in accordance with Article 31 (art. 31) of the Convention relating to the

application lodged on 5 May 1992 by Mr Yves Peignier against France (Application

No. 20408/92);

Whereas on 11 August 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 (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 12

January 1994, the applicant complained of the interception and the recording of

his telephone conversations by criminal investigation police officers;

Whereas in its report adopted on 5 July 1994 the Commission expressed,

unanimously, the opinion that there had been a violation of Article 8 (art. 8)

of the Convention;

Whereas, at the 522nd meeting of the Ministers' Deputies held on 6

December 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 8 (art. 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 18 April 1994;

Whereas, at the 542nd meeting of the Deputies held on

7 September 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, 7 500 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 6 December 1994 and 7

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

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

Whereas, the Government of France informed the Committee of Ministers that

the law of 10 July 1991 concerning the secrecy of telecommunications, which came

into force on 1 October 1991, (see notably Resolution DH (92) 40 in the case of

Huvig against France and Resolution DH (92) 41 in the case of Kruslin against

France) would also apply to situations comparable to the one at issue in the

present case;

Whereas the Committee of Ministers satisfied itself that

on 19 March 1996 at the latest, the Government of France paid the applicant the

total sum of 7 500 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.