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CASE OF KEMMACHE AGAINST FRANCE

Doc ref: 12325/86;14992/89 • ECHR ID: 001-55607

Document date: March 21, 1994

Inbound citations: 13
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Cited paragraphs: 0
•
Outbound citations: 0

CASE OF KEMMACHE AGAINST FRANCE

Doc ref: 12325/86;14992/89 • ECHR ID: 001-55607

Document date: March 21, 1994

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 judgments of the European Court of

Human Rights in the case of Kemmache against France delivered on

27 November 1991 and 2 November 1993 and transmitted the same

days to the Committee of Ministers;

Recalling that the case originated in two applications

against France lodged with the European Commission of Human

Rights on 1 August 1986 and 28 April 1989 under Article 25

(art. 25) of the Convention by Mr Michel Kemmache, a French

national, who complained respectively of the length of his

detention on remand and of the duration of criminal proceeding

brought against him;

Recalling that the case was brought before the Court by the

Commission on 11 July and on 12 October 1990;

Whereas in its judgment of 27 November 1991 the Court

unanimously:

- held that there had been a violation of Article 5,

paragraph 3, and Article 6, paragraph 1 (art. 5-3, art. 6-1);

- held that the question of the application of Article 50

(art. 50) was not ready for decision;

Whereas in its judgment of 2 November 1993 the Court

unanimously:

- held that the respondent state was to pay to the

applicant, within three months, 75 000 French francs for

non-pecuniary damage and 150 000 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 judgments of

27 November 1991 and 2 November 1993, having regard to France's

obligation under Article 53 (art. 53) 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

judgments, which information appears in summary in the appendix

to this resolution;

Having satisfied itself that the Government of France has

paid the applicant, within the time-limit set, the sums provided

for in the judgment of 2 November 1993,

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 (94) 24

Information provided by the Government of France

during the examination of the Kemmache case by the Committee

of Ministers

As regards the general measures to be taken, the government

points out that all the judgments of the European Court of Human

Rights concerning France are published in the Bulletin de la Cour

de cassation in order to ensure the dissemination of the Court's

jurisprudence at national level.

The just satisfaction was paid to the applicant within the

time-limit set by the Court.

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