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CASE OF EZELIN AGAINST FRANCE

Doc ref: 11800/85 • ECHR ID: 001-55547

Document date: June 15, 1992

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

CASE OF EZELIN AGAINST FRANCE

Doc ref: 11800/85 • ECHR ID: 001-55547

Document date: June 15, 1992

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 Ezelin case delivered on 26 April 1991 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

16 October 1985 under Article 25 (art. 25) of the Convention by

Mr Roland Ezelin, a French national, who complained that he had

been imposed a disciplinary sanction as an avocat because he had

not dissociated himself from a public demonstration in which

protests were made against judicial decisions and had refused to

give evidence to the investigating judge;

Recalling that the case was brought before the Court by the

Commission on 6 April 1990;

Whereas in its judgment of 26 April 1991, the Court:

- held unanimously that it was unnecessary to make a

separate examination of the case under Article 10

(art. 10) of the Convention;

- held, by six votes to three, that there had been a

violation of Article 11 (art. 11);

- held, unanimously, that the judgment in itself

constituted sufficient just satisfaction as to the

alleged non-pecuniary damage;

- held, unanimously, that the respondent State was to

reimburse the applicant 40 000 French francs for costs

and expenses;

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 April 1991, having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

Having satisfied itself that the Government of France has

paid to the applicant on 6 April 1992 the sum provided for in the

judgment,

Declares that it has exercised its functions under

Article 54 (art. 54) of the Convention in this case.

LEXI

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