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CASE OF SAÏDI v. FRANCE

Doc ref: 14647/89 • ECHR ID: 001-55592

Document date: February 3, 1994

Inbound citations: 2
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Cited paragraphs: 0
•
Outbound citations: 0

CASE OF SAÏDI v. FRANCE

Doc ref: 14647/89 • ECHR ID: 001-55592

Document date: February 3, 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 judgment of the European Court of Human

Rights in the Saïdi case delivered on 20 September 1993 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

17 January 1989 under Article 25 (art. 25) of the Convention by

Mr Fahrat Saïdi, a Tunisian national, who complained of the

refusal of the judicial authorities to organise a confrontation

with the prosecution witnesses who had identified him;

Recalling that the case was brought before the Court by the

Commission on 11 September 1992;

Whereas in its judgment of 20 September 1993 the Court

unanimously:

- dismissed the government's preliminary objection;

- held that there had been a violation of paragraphs 1

and 3.d of Article 6 (art. 6-1, art. 6-3-d);

- held that, as regards the damage alleged by the

applicant, the present judgment constituted sufficient just

satisfaction for the purpose of Article 50 (art. 50);

- held that the respondent State was to pay to the

applicant, within three months, 42 000 French francs in respect

of costs and expenses;

- dismissed the remainder of the applicant's claim;

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

20 September 1993, having regard to its 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 16 December 1993 the

Government of France paid the applicant the sum provided for in

the judgment of 20 September 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) 12

Information provided by the Government of France

during the examination of the Saïdi case

by the Committee of Ministers

As regards the general measures to be taken, the government

points out that the Saïdi case, as with all the judgments of the

European Court of Human Rights involving France, is published in

the Bulletin de la Cour de Cassation in order to ensure the

dissemination of the Court's jurisprudence at the national level.

The just satisfaction was paid to the applicant on

16 December 1993, within the time-limit set by the Court.

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