C. AGAINST FRANCE
Doc ref: 15377/89 • ECHR ID: 001-49529
Document date: April 7, 1995
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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
22 July 1989 by Mr C. against France (Application No. 15377/89);
Whereas on 25 March 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 in part by the
Commission on 8 July 1991 (final decision on the admissibility),
the applicant complained of the excessive length of certain
criminal proceedings;
Whereas in its report adopted on 10 February 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 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 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 11 March 1994;
Whereas, at the 512th meeting of the Deputies held on
3 May 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, 25 000 French francs in respect of
non-pecuniary damage and 3 576 French francs in respect of costs
and expenses, that is a total sum of 28 576 French franc;
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 3 May 1994, having regard to France's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that on
23 March 1995 the Government of France paid the applicant the total
sum of 28 576 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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