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
17 August 1989 by Mr Jean-Rodolphe Benes against France (Application No.
15874/89);
Whereas on 1 December 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, declared admissible by the Commission on 1
April 1992 (final decision as to the admissibility), the applicant complained of
the excessive length of certain criminal proceedings;
Whereas in its report adopted on 13 October 1993 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 512th meeting of the Ministers' Deputies held on 4 May
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 3 March 1995;
Whereas, at the 539th meeting of the Deputies held on 7 June 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, 60 000 French francs in respect of
non-pecuniary damage and 25 000 French francs in respect of costs, namely a
total sum of 85 000 French francs;
Whereas the Committee of Ministers invited the Government of France to
inform it of the measures taken following its decisions of 4 May 1994 and 7 June
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 3 September 1995 at the latest, the Government of France paid the applicant
the total sum of 85 000 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 (96) 4
Information provided by the Government of France
during the examination of the case of Benes
by the Committee of Ministers
The report of the Commission has been distributed 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.
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