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 on 29 June 1994 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged on
28 January 1991 by Mr Pierre Aupiais against France
(Application No. 18095/91);
Whereas on 10 August 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, as declared admissible by the Commission on 1
September 1993, the applicant complained of the excessive length of certain
"civil" proceedings before administrative courts and the Conseil d'Etat;
Whereas in its report 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 522nd meeting of the Ministers' Deputies held on 6
December 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 7 July 1995;
Whereas, at the 542nd meeting of the Deputies held on
7 September 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, 50 000
French francs in respect of non-pecuniary damage and 5 000 French francs in
respect of costs incurred before the Conseil d'Etat, namely a total sum of
55 000 French francs;
Whereas the Committee of Ministers invited the Government of France to
inform it of the measures taken following its decisions of 6 December 1994 and 7
September 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 recalled that measures already had been taken to
prevent the violation such as found in this case, notably through the setting up
of administrative courts of appeal, the redefinition of the Conseil d'Etat's
competencies, the increase of personnel and material in order to speed up the
administrative proceedings (see Resolution DH (95) 254 in the case of Beaumartin
against France);
Whereas the Committee of Ministers satisfied itself that the Government of
France paid the applicant the total sum of
55 000 French francs as just satisfaction, payment confirmed by the applicant by
letter of 24 May 1996,
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.
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