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ARTIAGA AGAINST FRANCE

Doc ref: 17853/91 • ECHR ID: 001-49537

Document date: May 4, 1995

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Cited paragraphs: 0
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ARTIAGA AGAINST FRANCE

Doc ref: 17853/91 • ECHR ID: 001-49537

Document date: May 4, 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

15 January 1991 by Mr Luis Fernand Artiaga against France

(Application No. 17853/91);

Whereas on 11 May 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, as declared admissible by the

Commission on 2 September 1992, the applicant complained of the

length of his detention on remand and of the excessive length of

certain criminal proceedings brought against him;

Whereas in its report adopted on 31 March 1993, the Commission

expressed, unanimously, the opinion that there had been a violation

of Article 5, paragraph 3 (art. 5-3), and that there had been no

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

Whereas, at the 499th meeting of the Ministers' Deputies held

on 15 October 1993, 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 5, paragraph 3 (art. 5-3), 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 20 May 1994;

Whereas, at the 517th meeting of the Deputies held on

20 September 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, 15 000 French francs in

respect of non-pecuniary damage and 15 000 French francs in respect

of costs and expenses, that is a total sum of 30 000 French francs;

Whereas the Committee of Ministers invited the Government of

France to inform it of the measures taken following its decisions

of 15 October 1993 and 20 September 1994, 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 the

Government of France paid the applicant on 6 April 1995 at the

latest the total sum of 30 000 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 (95) 32

Information provided by the Government of France

during the examination of the case of Artiaga

by the Committee of Ministers

The report of the Commission has been diffused 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.

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