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

17 August 1989 by Mr Jean-Rodolphe Benes against France (Application No.

15874/89);

Whereas on 1 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, declared admissible by the Commission on 1

April 1992 (final decision as to the admissibility), the applicant complained of

the excessive length of certain criminal proceedings;

Whereas in its report adopted on 13 October 1993 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 512th meeting of the Ministers' Deputies held on 4 May

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 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 539th meeting of the Deputies held on 7 June 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, 60 000 French francs in respect of

non-pecuniary damage and 25 000 French francs in respect of costs, namely a

total sum of 85 000 French francs;

Whereas the Committee of Ministers invited the Government of France to

inform it of the measures taken following its decisions of 4 May 1994 and 7 June

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 gave the Committee 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 3 September 1995 at the latest, the Government of France paid the applicant

the total sum of 85 000 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) 4

Information provided by the Government of France

during the examination of the case of Benes

by the Committee of Ministers

The report of the Commission has been distributed to the relevant 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 the

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