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CHICHLIAN AND EKINDJIAN CASE

Doc ref: 10959/84 • ECHR ID: 001-55489

Document date: May 14, 1990

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CHICHLIAN AND EKINDJIAN CASE

Doc ref: 10959/84 • ECHR ID: 001-55489

Document date: May 14, 1990

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 Chichlian and Ekindjian case, delivered on 29 November 1989 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 April 1984

under Article 25 (art. 25) of the Convention by Mr Ferdinand Chichlian

and Mrs Jeanne Ekindjian, both French nationals, who complained that

they had not been informed promptly of the nature and cause of the

accusations against them and that they did not have adequate time and

facilities for the preparation of their defence;

Recalling that the Commission declared the application admissible on

8 July 1988 and in its report adopted on 16 March 1989 expressed

unanimously the opinion that there had been a violation of Article 6,

paragraphs 3.a and b (art. 6-3-a, art. 6-3-b), of the Convention;

Recalling that the case was brought before the Court by the Commission

on 12 April 1989;

Whereas in its judgment of 29 November 1989 the Court, having taken

formal note of a friendly settlement reached by the Government of

France and the applicants 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:

- each of the applicants would receive compensation of 100 000 French

francs which would constitute full and final compensation for all of

the pecuniary and non-pecuniary damage alleged by the applicants and

would also cover in their entirety the legal and other costs incurred

by them;

- subject to payment of the above-mentioned sums, the applicants would

withdraw from the proceedings pending before the Court and not take

any further action against France in this matter in national or

international courts;

- payment of the sums would take place as soon as the Court had

decided to strike the case out of its list;

Recalling that Rule 48, 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

undertaking 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 undertaking attached to the solution of

the case;

Having satisfied itself that the Government of France has paid to the

applicants the sums provided for in the friendly settlement,

Declares that it has exercised its functions under Article 54

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

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