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DELTA CASE

Doc ref: 11444/85 • ECHR ID: 001-55517

Document date: November 18, 1991

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DELTA CASE

Doc ref: 11444/85 • ECHR ID: 001-55517

Document date: November 18, 1991

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 Delta case delivered on 19 December 1990 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 4 August 1984 under Article 25 (art. 25) of the

Convention by Mr Michel Sophie Delta, a French national, who

complained that his criminal conviction was based to a decisive

degree on statements by the complainant and a friend who were

interviewed by the police but not examined by the courts trying

the facts neither in first instance nor on appeal;

Recalling that the case was brought before the Court by

the Commission on 14 December 1989;

Whereas in its judgment of 19 December 1990 the Court

unanimously:

- held that there had been a violation of paragraph 3.d of

Article 6 of the Convention taken together with paragraph 1

(art. 6-3-d, art. 6-1);

- held that it was not necessary also to examine the case

under Article 6, paragraph 2 (art. 6-2);

- held that it was not called upon to consider the complaints

under Article 6, paragraph 3.b and Articles 17 and 18

(art. 6-3-b, art. 17, art. 18);

- held that the respondent state was to pay the applicant

compensation for damage to the sum of 100 000 French francs;

- dismissed the remainder of the claim for just satisfaction;

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 19 December 1990, 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 the Government of France has

paid the applicant the sum provided for in the judgment,

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(91)31

Information provided by the Government of France

during the examination of the Delta case

by the Committee of Ministers

As regards the examination of witnesses by the Court of

Appeal under Article 513, paragraph 2, of the Code of Criminal

Procedure, the Government of France, referring to paragraph 28

of the Court's judgment, is of the view that the change in the

Court of Cassation Criminal Division's case-law since its

Randhawa judgment of 12 January 1989 allows it to state that in

future similar cases cannot occur again.

In any case, if the Code of Criminal Procedure were to be

amended in the future, the Court's judgment in the present case

would be taken into account.

Payment of the sum awarded to the applicant by the Court

took place on 30 April 1991. Furthermore, by order dated

7 October 1991 the French Government ordered to be paid to the

applicant the sum of 3 758 French francs in respect of legal

rates of interest for the period of 19 December 1990 to

30 April 1991.

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