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BARANY AGAINST FRANCE

Doc ref: 11926/86 • ECHR ID: 001-49303

Document date: February 13, 1991

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BARANY AGAINST FRANCE

Doc ref: 11926/86 • ECHR ID: 001-49303

Document date: February 13, 1991

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 9 December 1985

by Mr Alfred Barany against France (Application No. 11926/86);

Whereas on 30 January 1990 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 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

9 May 1989 as regards the above-mentioned complaint and in its

report adopted on 11 December 1989 expressed the opinion, by

seventeen votes to two, that there had been a violation of

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

Agreeing with the opinion expressed by the Commission in

accordance with Article 31, paragraph 1 (art. 31-1), of the

Convention;

Having examined the proposals made by the Commission concerning

just satisfaction for the applicant,

Decides, having voted in accordance with the provisions of

Article 32, paragraph 1 (art. 32-1), of the Convention, that

there has been a violation of Article 6, paragraph 1 (art. 6-1),

of the Convention in this case;

Recommends, under Rule 5 of the Rules adopted by the Committee

of Ministers for the application of Article 32 (art. 32) of the

Convention, that the Government of France pay to the applicant

the total sum of 57 563,50 French francs including 20 000 francs

in respect of non-pecuniary damage, a token franc for material

damage, l5 000 francs for costs incurred in domestic proceedings

and 22 562,50 francs in respect of legal costs incurred before

the Commission;

Decides, therefore, that no further action is called for in this

case.

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