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M. AGAINST FRANCE

Doc ref: 14167/88;14226/88 • ECHR ID: 001-49395

Document date: September 21, 1994

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M. AGAINST FRANCE

Doc ref: 14167/88;14226/88 • ECHR ID: 001-49395

Document date: September 21, 1994

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 reports drawn up by the European

Commission of Human Rights in accordance with Article 31

(art. 31) of the Convention relating to the applications lodged

on 16 March 1988 and 13 September 1988 by Mr M. against France

(Applications Nos. 14167/88 and 14226/88);

Whereas on 3 July 1992 the Commission transmitted the said

reports 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 cases having been

brought before the European Court of Human Rights in pursuance

of Article 48 (art. 48) of the Convention;

Whereas in his applications, as declared admissible by the

Commission on 6 June 1990 (partial decisions as to the

admissibility of Applications Nos. 14167/88 and 14226/88) and on

14 October 1991 (final decisions as to the admissibility of

Applications Nos. 14167/88 and 14226/88), the applicant

complained in particular of the excessive length of two criminal

proceedings brought against him;

Whereas in its reports adopted on 13 May 1992, the

Commission expressed, unanimously, the opinion that there had

been a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention in each one of these two cases;

Whereas, at the 483rd meeting of the Ministers' Deputies,

held on 10 November 1992, 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 these

cases 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 reports as regards

just satisfaction to be awarded to the applicant, proposals

supplemented by a letter of the President of the Commission dated

9 July 1993;

Whereas the Government of France formulated supplementary

observations with regard to the Commission's proposals for just

satisfaction, which observations were transmitted to the

Commission on 3 November 1993 for any comment it might wish to

make;

Whereas on 9 December 1993, the President of the Commission

informed the President of the Ministers' Deputies that the

Commission had taken note of the observations of the French

Government but had no comment to make with regard to the question

raised therein;

Whereas, at the 510th meeting of the Deputies, held

on 21 March 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,

216 000 French francs in respect of pecuniary damage,

20 000 French francs in respect of non-pecuniary damage and

24 000 French francs in respects of the costs, that is a total

sum of 260 000 French francs;

Whereas the Committee of Ministers invited the Government

of France to inform it of the measures taken following its

decisions of 10 November 1992 and 21 March 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 5 August 1994, the Government of France paid the applicant the

total sum of 260 000 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.

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