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
2 April 1990 by Mr Martial Aufroix against France
(Application No. 16968/90);
Whereas on 18 February 1994 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, declared admissible by the
Commission on 31 March 1993, the applicant complained of the
excessive length of certain civil proceedings;
Whereas in its report adopted on 11 January 1994, the
Commission expressed, unanimously, the opinion that there had been
a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 514th meeting of the Ministers' Deputies held
on 9 June 1994, 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 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
9 December 1994;
Whereas, at the 527th meeting of the Deputies held on
7 February 1995, 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, 20 000 French francs in respect
of non-pecuniary damage;
Whereas the Committee of Ministers invited the Government of
France to inform it of the measures taken following its decisions
of 9 June 1994 and 7 February 1995, 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
on 2 November 1995, the Government of France put at the disposal of
the applicant the total sum of 20 000 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) 451
Information provided by the Government of France
during the examination of the case of Aufroix
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