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
18 July 1990 by Mr Baroudé Bacha against France
(Application No. 17061/90);
Whereas on 24 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 interception and the recording of
his telephone conversations by criminal investigation police officers;
Whereas in its report adopted on 11 January 1994, the Commission
expressed, unanimously, the opinion that there had been a violation of Article 8
(art. 8) 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 8 (art. 8) 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 21 October 1994;
Whereas, at the 522nd meeting of the Deputies held on
5 December 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, 7 500 French
francs in respect of non-pecuniary damage and 30 000 French francs in respect of
costs and expenses, namely a total sum of 37 500 French francs;
Whereas the Committee of Ministers invited the Government of France to
inform it of the measures taken following its decisions of 9 June and 5 December
1994, having regard to France's obligation under Article 32, paragraph 4 (art.
32-4), of the Convention to abide by them;
Whereas, the Government of France informed the Committee of Ministers that
the law of 10 July 1991 concerning the secrecy of telecommunications, which came
into force on 1 October 1991,
(see notably Resolution DH (92) 40 in the case of Huvig against France and
Resolution DH (92) 41 in the case of Kruslin against France) would also apply to
situations comparable to the one at issue in the present case;
Whereas the Committee of Ministers satisfied itself that on
14 September 1995, the Government of France paid the applicant the total sum of
37 500 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.
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