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MOUTON AGAINST FRANCE

Doc ref: 13118/87 • ECHR ID: 001-49341

Document date: November 10, 1992

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MOUTON AGAINST FRANCE

Doc ref: 13118/87 • ECHR ID: 001-49341

Document date: November 10, 1992

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 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 13 May 1987 by Mr Pierre Mouton against France

(Application No. 13118/87);

Whereas on 2 August 1991 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 the applicant complained, inter

alia, of the excessive length of criminal proceedings instituted

against him;

Whereas the Commission declared the application admissible

on 8 June 1990 as regards the above-mentioned complaint and in

its report adopted on 8 July 1991 expressed unanimously the

opinion that there had been a violation of Article 6,

paragraph 1 (art. 6-1), of the Convention;

Whereas, at the 468th meeting of the Ministers' Deputies

held on 13 December 1991, 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

9 April 1992;

Whereas on 15 May 1992 the Committee of Ministers held, in

accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of France was to pay the

applicant within three months the sum of 80 000 French francs in

respect of non-pecuniary damage and 28 600 French francs in

respect of costs and expenses;

Whereas the Committee of Ministers invited the Government

of France to inform it of the measures taken following its

decision of 15 May 1992, having regard to France's obligation

under Article 32, paragraph 4 (art. 32-4), of the Convention to

abide by it;

Whereas the Committee of Ministers satisfied itself that on

28 July 1992 the Government of France ordered the payment to the

applicant of the total sum of 108 600 French francs by way of

just satisfaction and that the applicant did receive this sum on

2 September 1992,

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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