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BACHA AGAINST FRANCE

Doc ref: 17061/90 • ECHR ID: 001-51677

Document date: March 22, 1996

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BACHA AGAINST FRANCE

Doc ref: 17061/90 • ECHR ID: 001-51677

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

18 July 1990 by Mr Baroudé Bacha against France

(Application No. 17061/90);

Whereas on 24 February 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;

Whereas in its report adopted on 11 January 1994, the Commission

expressed, unanimously, the opinion that there had been a violation of Article 8

(art. 8) 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 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 21 October 1994;

Whereas, at the 522nd meeting of the Deputies held on

5 December 1994, 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 and 30 000 French francs in respect of

costs and expenses, namely a total sum of 37 500 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 and 5 December

1994, 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

14 September 1995, the Government of France paid the applicant the total sum of

37 500 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.

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