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CASE OF ALLENET DE RIBEMONT AGAINST FRANCE

Doc ref: 15175/89 • ECHR ID: 001-55638

Document date: October 19, 1995

Inbound citations: 10
•
Cited paragraphs: 0
•
Outbound citations: 0

CASE OF ALLENET DE RIBEMONT AGAINST FRANCE

Doc ref: 15175/89 • ECHR ID: 001-55638

Document date: October 19, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Allenet de Ribemont case delivered on

10 February 1995 and transmitted the same day to the Committee

of Ministers;

Recalling that the case originated in an application

(No. 15175/89) against France, lodged with the European Commission

of Human Rights on 24 May 1989 under Article 25 (art. 25) of the

Convention by Mr Patrick Allenet de Ribemont, a French national,

and that the Commission declared admissible the complaints based on

a disregard of the presumption of innocence and on the excessive

length of the tort proceedings brought, first before the

administrative and, thereafter, before the ordinary courts;

Recalling that the case was brought before the Court by the

Commission on 21 January 1994;

Whereas in its judgment of 10 February the Court:

- held, by eight votes to one, that there had been a breach of

Article 6, paragraph 2 (art. 6-2), of the Convention;

- held, unanimously, that there had been a breach of

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

- held, by eight votes to one, that the respondent state was

to pay the applicant, within three months, 2 000 000 French francs

for damage;

- held, unanimously, that the respondent state was to pay the

applicant, within three months, 100 000 French francs, plus value

added tax, for costs and expenses;

- dismissed, unanimously, the remainder of the claim for just

satisfaction;

Having regard to the rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of France to inform it of the

measures which had been taken in consequence of the judgment of

10 February 1995, having regard to France's obligation under

Article 53 (art. 53) of the Convention to abide by it;

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

judgment, which information appears in the appendix to this

resolution;

Whereas, the Government of France provided certain

information, contained in the same appendix, with regard to the

payment of the just satisfaction;

Whereas, on 19 September 1995 the Commission seized the Court

with a request for the interpretation of the judgment of

10 February 1995 as regards the award of just satisfaction,

Declares, after having taken note of the information supplied

by the Government of France, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case, subject

to any new examination which could be required as a result of the

Court's interpretative judgment.

Appendix to Resolution DH (95) 247

Information provided by the Government of France

during the examination of the Allenet de Ribemont case

by the Committee of Ministers

The judgment of the Court has received much publicity and has

been published in the Bulletin d'information de la Cour de

cassation. In addition, Heading V of the Act of 4 January 1993 on

the reform of criminal procedure provides for the adoption of

certain measures in order to ensure that the presumption of

innocence is respected. In particular, under section 47 of the

Act, the investigation judge may conclude that there has been a

breach of this presumption in the course of ongoing proceedings and

order a rectifying measure or the publishing of a statement in

order to put an end to the interference. The government considers

that these measures should be sufficient to prevent the repetition

of the violations found in the present case.

With regard to the payment of the just satisfaction the

government can give the following information.

Anxious to ensure the proper execution of the judgment of the

European Court of Human Rights of 10 February 1995, the French

Government set in motion the payment procedure necessary in order

to ensure that Mr Allenet de Ribemont was paid in the course

of May 1995.

However, on 6 March 1995 the heirs of Mr de Broglie,

Mr Allenet de Ribemont's creditors, notified the General Payment

Office (Paierie Générale du Trésor) of their request that the sum

be seized.

No attachment judgment was necessary since Mr Broglie's heirs

had a valid execution title in the form of a judgment from 1979 and

the Payment Office paid Mr Allenet de Ribemont's creditors on

17 July 1995 upon production of an affidavit of non-opposition

(certificat de non-opposition) issued by Maître Nocquet,

Enforcement Officer, in Paris.

France has accordingly complied with its obligations under the

judgment of the European Court of Human Rights and can not be

concerned by the problems which on this occasion may oppose private

parties.

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