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QUADO AGAINST FRANCE

Doc ref: 18837/91 • ECHR ID: 001-49425

Document date: September 11, 1995

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Cited paragraphs: 0
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QUADO AGAINST FRANCE

Doc ref: 18837/91 • ECHR ID: 001-49425

Document date: September 11, 1995

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

16 July 1991 by Mr Jean-Pierre Quado against France

(Application No. 18837/91);

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

9 December 1994;

Whereas, at the 527th meeting of the Deputies held on

6 February 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 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 1994 and 6 February 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 recalled that measures had

already been taken to prevent the repetition of the violation found

in this case, through the entering into force on 1 October 1991 of

the law of 10 July 1991 concerning the secrecy of

telecommunications (see Resolutions DH (92) 40 in the case of Huvig

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

France);

Whereas the Committee of Ministers satisfied itself that on

23 June 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.

LEXI

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