BOZANO CASE
Doc ref: 9990/82 • ECHR ID: 001-55460
Document date: December 9, 1988
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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 judgments of the European Court of Human Rights
in the Bozano case, delivered on 18 December 1986 and 2 December 1987
and transmitted the same days 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 30 March 1982 under Article 25 (art. 25) of the convention by
Mr Lorenzo Bozano, an Italian national, who made a number of
complaints relating to the deprivation of liberty which he underwent
as part of action taken with a view to his deportation, alleging inter
alia the violation of Article 5, paragraph 1, and Article 18
(art. 5-1, art. 18) of the convention and of Article 2 of
Protocol No. 4 (P4-2);
Recalling that the case was brought before the Court by the Commission
on 14 March 1985;
Whereas in its judgment of 18 December 1986 the Court inter alia
unanimously:
- held that there had been a breach of Article 5, paragraph 1
(art. 5-1);
- held that it was not necessary also to examine the case either under
Article 18 taken together with Article 5, paragraph 1 (art. 18+5-1),
or under Article 2 of Protocol No. 4 (P4-2);
- rejected the claims for just satisfaction in so far as they sought
to:
- have the French Government make an approach to the Italian
authorities through diplomatic channels;
- secure financial compensation for the damage suffered by the
applicant's wife;
- held, as to the remainder of those claims, that the question of the
application of Article 50 (art. 50) of the convention was not ready
for decision;
Whereas in its judgment of 2 December 1987 the Court unanimously:
- held that the respondent State was to pay the applicant
100 000 French francs as damages and 138 350 French francs in respect
of legal costs;
- rejected the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the convention;
Having invited the Government of France to inform it of the measures
which had been taken in consequence of the judgments, having regard to
its obligation under Article 53 (art. 53) of the convention to abide
by them;
Having satisfied itself that the Government of France has paid to the
applicant the sums provided for in the judgment of 2 December 1987,
Declares that it has exercised its functions under Article 54
(art. 54) of the convention in this case.