Final Resolution ResDH(2002)63
Human Rights
Application No. 36484/97
Bozza against France
(Adopted by the Committee of Ministers on 24 June 2002
at the 798th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH (99) 268, adopted on 15 April 1999 in the case of Bozza against France, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain criminal proceedings, and to make public the report of the European Commission of Human Rights;
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 17 June 1999;
Whereas at the 680th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 8 October 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, 50 000 French francs in respect of non-pecuniary damage, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 15 April 1999 and 8 October 1999, having regard to France’s obligation under Former Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state accordingly gave the Committee information about the measures taken in consequence of the Committee’s decisions taken to avoid new violations of the same kind as that found in this case (this information appears in the appendix to this resolution);
Whereas the Committee of Ministers satisfied itself that on 13 December 1999, within the time-limit set, the government of the respondent state had paid the applicant the total sum of 50 000 French francs as just satisfaction,
Declares, after having taken note of the measures taken by the Government of France, that it has exercised its functions under Former Article 32 of the Convention in this case.
Appendix to Final Resolution ResDH(2002)63
Information provided by the Government of France
during the examination of the Bozza case
by the Committee of Ministers
In order to remedy the problems encountered by the Aix en Provence Court of Appeal, the court responsible in this case for violating the right to a hearing within a reasonable time, the French authorities have adopted the following measures:
The number of people working at the Court of Appeal has been regularly increased:
- There are now 101 judges, compared with 88 in 1995;
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- A further 8 judges are temporarily attached to the Court;
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- The number of officials has risen from 159 in 1995 to 164 in 2000.
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These staff increases enabled the Court of Appeal to carry out a reform which led to the establishment of a number of new sections:
- A new social section (“chambre sociale”), comprising 4 judges and one assistant to the court, was created in 1999 and in 2000, bringing the total number of social sections at the Court to 5.
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- A fourth commercial section, comprising three judges and one assistant to the court, was created in September 1999.
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The Government of France considers that these measures will prevent the repetition of new violations similar to those found in this case and that it has therefore fulfilled its obligations under former Article 32 of the Convention.
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