BEAUDET-BARAT AGAINST FRANCE



     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 26 August 1986 by Mrs Christiane Beaudet-Barat against France

(Application No. 12418/86);

     Whereas on 28 November 1991 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 her application the applicant complained of the

length of certain criminal proceedings brought against her;

     Whereas the Commission declared the application admissible

on 7 September 1990 and in its report adopted on 14 October 1991

expressed unanimously the opinion that there had been a violation

of Article 6, paragraph 1 (art. 6-1), of the Convention;

     Whereas, at the 473rd meeting of the Ministers' Deputies

held on 2 April 1992, 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

8 December 1992;

     Whereas the Government of France formulated supplementary

observations with regard to the Commission's proposals for just

satisfaction, which observations were transmitted to the

Commission on 2 February 1993 for any comments it might wish to

make;

     Whereas on 18 February 1993 the President of the Commission

informed the President of the Ministers' Deputies that the

Commission had taken note of the observations of the French

Government but had no comments to make with regard to the

question raised therein;

     Whereas on 1 April 1993 the Committee of Ministers held, in

accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of France was to pay the

applicant within three months 70 000 French francs for non-

material damage and 27 000 French francs for costs;

     Whereas the Committee of Ministers invited the Government

of France to inform it of the measures taken following its

decisions of 2 April 1992 and 1 April 1993, having regard to

France's obligation under Article 32, paragraph 4 (art. 32-4),

of the Convention to abide by them;

     Whereas the Committee of Ministers satisfied itself that on

5 November and 14 December 1993 the Government of France paid the

applicant the sums awarded in respect of just satisfaction, i.e.

the total sum of 97 000 French francs,

     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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