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DJEROUD CASE

Doc ref: 11444/85 • ECHR ID: 001-55511

Document date: June 6, 1991

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Cited paragraphs: 0
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DJEROUD CASE

Doc ref: 11444/85 • ECHR ID: 001-55511

Document date: June 6, 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 Djeroud case, delivered on 23 January 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 25 September 1987 under Article 25 (art. 25) of the Convention

by Mr Mohamed Djeroud, an Algerian national, who complained under

Articles 3 and 8 (art. 3, art. 8) of the Convention of a

deportation order made against him;

Recalling that the Commission declared the application admissible

on 10 May 1989 and in its report adopted on 15 March 1990

expressed unanimously the opinion that there had been no

violation of Article 3 (art. 3) of the Convention and by thirteen

votes to one that there had been a violation of Article 8

(art. 8) of the Convention;

Recalling that the case was brought before the Court by the

Commission on 21 May 1990;

Whereas in its judgment of 23 January 1991 the Court, having

taken formal note of a friendly settlement reached by the

Government of France and the applicant and having found that

there were no reasons of public policy justifying the

continuation of the proceedings, decided unanimously to strike

the case out of its list;

Whereas under the above-mentioned friendly settlement it was

agreed that the applicant would receive compensation of

150 000 French Francs in respect of all heads of damage combined,

that the deportation order made against him would be revoked and

that a residence permit valid ten years would be issued to him;

Recalling that Rule 49, paragraph 3, of the Court's Rules

provides that the striking out of a case shall be effected by

means of a judgment which the President shall forward to the

Committee of Ministers in order to allow it to supervise, in

accordance with Article 54 (art. 54) of the Convention, the

execution of any undertakings which may have been attached to the

discontinuance or solution of the matter;

Having invited the Government of France to inform it of the

measures taken for the execution of the undertakings attached to

the solution of the case;

Having satisfied itself that the Government of France has ordered

payment to the applicant on 8 April 1991 of the sum of

150 000 French Francs, that the deportation order was revoked on

18 February 1991 and that a residence permit expiring

on 17 February 2001 was issued to the applicant,

Declares that it has exercised its functions under Article 54

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

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