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M. AGAINST FRANCE

Doc ref: 11940/86 • ECHR ID: 001-49298

Document date: November 16, 1990

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M. AGAINST FRANCE

Doc ref: 11940/86 • ECHR ID: 001-49298

Document date: November 16, 1990

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 M. against France

(Application No. 11940/86);

Whereas on l5 November 1989 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 10 March 1989 as

regards the above-mentioned complaint and in its report adopted on

3 October 1989 expressed unanimously the opinion 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 sum of 30 000 French Francs in respect of

non-pecuniary damage and the sum of 20 000 French Francs in respect of legal

costs;

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

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