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CASE OF KARAKAYA AGAINST FRANCE

Doc ref: 22800/93 • ECHR ID: 001-55673

Document date: January 11, 1995

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 0

CASE OF KARAKAYA AGAINST FRANCE

Doc ref: 22800/93 • ECHR ID: 001-55673

Document date: January 11, 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 Karakaya case delivered on 26 August 1994 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

France lodged with the European Commission of Human Rights on

30 September 1993 under Article 25 (art. 25) of the Convention by

Mr Mustafa Karakaya, a Turkish national, and that the Commission

declared admissible the complaint of the excessive length of

certain compensation proceedings brought by the applicant, a

haemophiliac infected with the Aids virus following blood

transfusions;

Recalling that the case was brought before the Court by the

Commission on 13 April 1994;

Whereas in its judgment of 26 August 1994 the Court,

unanimously:

- held that there had been a violation of Article 6,

paragraph 1 (art. 6-1);

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

within three months, 200 000 French francs for non-material damage

and 58 114 French francs for costs and expenses;

- dismissed the remainder of the applicant's claims;

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

26 August 1994, 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;

Having satisfied itself that on 6 November 1994 at the latest

the Government of France paid the applicant the sums provided for

in the judgment of 26 August 1994,

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.

Appendix to Resolution DH (95) 6

Information provided by the Government of France

during the examination of the case of Karakaya

by the Committee of Ministers

The Act of 31 December 1991 has established a special

compensation mechanism for haemophiliac and transfused patients who

have been infected following injections of blood products.

Section 47 provides for the creation of a special compensation fund

and defines the procedure before this organ.

Decree No. 93-906 of 12 July 1993 fixes the manner in which

the said Section 47 shall be applied. This text indicates the

conditions governing the fund's exercise of its subrogation right

and the practical arrangements to be observed in order to harmonise

the administrative and judicial compensation procedures.

Accordingly, pursuant to Section 16 of the decree, the courts must

inform the fund of any compensation claim lodged. In a similar

manner, Section 17 provides that the fund must indicate to the

courts concerned, within one month from the date of reception of

the judicial file, whether it has received any compensation claims

in the case at issue and of its decision vis-à-vis those claims;

the fund must also indicate whether or not it intends to intervene

before the courts.

The French Government considers that this co-ordination and

collaboration between the courts and the fund will accelerate the

compensation procedure in cases of contaminated haemophiliacs and

prevent the repetition of violations similar to that found by the

Court in the present case.

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