WOUKAM MOUDEFO CASE
Doc ref: 10868/84 • ECHR ID: 001-55468
Document date: March 2, 1989
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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 Woukam Moudefo case, delivered on 11 October 1988 and transmitted
the same day to the Committee of Ministers;
Recalling that the case originated in an application against the
Republic of France lodged with the European Commission of Human Rights
on 8 September 1983 under Article 25 (art. 25) of the convention by
Mr Gabriel Woukam Moudefo, a Cameroon national, who complained of the
length of his detention on remand, of the length of the criminal
proceedings brought against him, and that he had not received the
assistance of a lawyer in the Court of Cassation for the examination
of an appeal brought by him against a decision of the Indictments
Chamber of the Versailles Court of Appeal dismissing an application
for his provisional release;
Recalling that the Commission declared the application admissible on
21 January 1987 and in its report adopted on 8 July 1987 expressed the
opinion:
- by eleven votes, with one abstention, that there had been a
violation of Article 5, paragraph 3 (art. 5-3), of the convention;
- by eleven votes, with one abstention, that there had been a
violation of Article 6, paragraph 1 (art. 6-1), of the convention with
regard to the length of the criminal proceedings;
- by six votes to five, with one abstention, that there had been a
violation of Article 5, paragraph 4 (art. 5-4), of the convention;
Recalling that the case was brought before the Court by the
Commission on 16 October 1987;
Whereas in its judgment of 11 October 1988 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 134 000 French francs,
this sum to be in addition to the sum of 30 000 French francs awarded
to the applicant in 1986 on the basis of Article 149 of the Code of
Criminal Procedure;
- the said sum of 134 000 French francs would constitute full and
final compensation for all of the pecuniary and non-pecuniary damage
alleged by the applicant and would also cover in their entirety the
legal and other costs incurred by him;
- subject to payment of the above-mentioned sum, the applicant 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 sum 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
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 undertaking attached to the
solution of the case;
Having satisfied itself that the Government of France has paid to the
applicant the sum provided for in the friendly settlement,
Declares that it has exercised its functions under Article 54
(art. 54) of the convention in this case.