Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

A.A. AGAINST FRANCE

Doc ref: 17676/91 • ECHR ID: 001-51676

Document date: March 22, 1996

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 0

A.A. AGAINST FRANCE

Doc ref: 17676/91 • ECHR ID: 001-51676

Document date: March 22, 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 by the European Commission of Human

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

application lodged on 15 May 1990 by Mr A. A. against France (Application No.

17676/91);

Whereas on 11 July 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, 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 and of the

fairness of the criminal proceedings brought against him;

Whereas in its report adopted on 11 May 1994 the Commission expressed,

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

of the Convention, and that there had been no violation of Article 6, paragraph

1 (art. 6-1), of the Convention;

Whereas, at the 520th meeting of the Ministers' Deputies held on 17

November 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 a violation of Article 8

(art. 8) 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 3 March 1995;

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, 10 000 French francs in respect of

costs incurred before domestic courts and 15 000 French francs in respect of

costs incurred before the Commission, namely a total sum of 32 500 French

francs;

Whereas the Committee of Ministers invited the Government of France to

inform it of the measures taken following its decisions of 17 November 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 8 March 1996 at the latest, the Government of France paid the applicant the

total sum of 32 500 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.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 401132 • Paragraphs parsed: 45279850 • Citations processed 3468846