Resolution ResDH(2006)6
concerning the judgment of the European Court of Human Rights
of 15 July 2004 (Friendly settlement)
in the case of Abbas Houria against France
(Adopted by the Committee of Ministers on 22 February 2006,
at the 955th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Abbas Houria case delivered on 15 July 2004 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 49532/99) against France, lodged with the European Court of Human Rights on 9 April 1999 under Article 34 of the Convention by Ms Houria Abbas, an Algerian national, and that the Court declared admissible the complaint concerning the infringement of her right of access to a court on account of the declaration by the Court de Cassation that her appeal on points of law had lapsed because she had not obtained a dispensation from her obligation to surrender to custody, and had not so surrendered, before the examination of her appeal;
Whereas in its judgment of 15 July 2004 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of France would pay the applicant, the sum of 3 700 euros, within three months as from the notification of the judgment;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 30 September 2004, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided in the friendly settlement and that no other measure was required in the present case to conform to the Court’s judgment,
Declares, after having examined the information supplied by the Government of France, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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