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
15 January 1991 by Mr Luis Fernand Artiaga against France
(Application No. 17853/91);
Whereas on 11 May 1993 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 has 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, as declared admissible by the
Commission on 2 September 1992, the applicant complained of the
length of his detention on remand and of the excessive length of
certain criminal proceedings brought against him;
Whereas in its report adopted on 31 March 1993, the Commission
expressed, unanimously, the opinion that there had been a violation
of Article 5, paragraph 3 (art. 5-3), and that there had been no
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 499th meeting of the Ministers' Deputies held
on 15 October 1993, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a
violation of Article 5, paragraph 3 (art. 5-3), and that there had
been no violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas the Committee of Ministers examined the proposals made
by the Commission when transmitting its report as regards just
satisfaction to be awarded to the applicant, proposals supplemented
by a letter of the President of the Commission dated 20 May 1994;
Whereas, at the 517th meeting of the Deputies held on
20 September 1994, the Committee of Ministers decided, in
accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of France was to pay the applicant
as just satisfaction, within three months, 15 000 French francs in
respect of non-pecuniary damage and 15 000 French francs in respect
of costs and expenses, that is a total sum of 30 000 French francs;
Whereas the Committee of Ministers invited the Government of
France to inform it of the measures taken following its decisions
of 15 October 1993 and 20 September 1994, having regard to France's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of France gave the Committee
information about the measures taken in consequence of the
Committee's decisions, which information appears in the appendix to
this resolution;
Whereas the Committee of Ministers satisfied itself that the
Government of France paid the applicant on 6 April 1995 at the
latest the total sum of 30 000 French francs as just satisfaction,
Declares, having taken note of the measures taken by the
Government of France, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
Appendix to Resolution DH (95) 32
Information provided by the Government of France
during the examination of the case of Artiaga
by the Committee of Ministers
The report of the Commission has been diffused to the relevant
courts, according to a practice established by the government of
France in similar cases. The Government is of the opinion that
this practice will prevent the repetition of violations similar to
the one found in the present case.
Full & Egal Universal Law Academy