The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human
Rights in the Allenet de Ribemont case delivered on
10 February 1995 and transmitted the same day to the Committee
of Ministers;
Recalling that the case originated in an application
(No. 15175/89) against France, lodged with the European Commission
of Human Rights on 24 May 1989 under Article 25 (art. 25) of the
Convention by Mr Patrick Allenet de Ribemont, a French national,
and that the Commission declared admissible the complaints based on
a disregard of the presumption of innocence and on the excessive
length of the tort proceedings brought, first before the
administrative and, thereafter, before the ordinary courts;
Recalling that the case was brought before the Court by the
Commission on 21 January 1994;
Whereas in its judgment of 10 February the Court:
- held, by eight votes to one, that there had been a breach of
Article 6, paragraph 2 (art. 6-2), of the Convention;
- held, unanimously, that there had been a breach of
Article 6, paragraph 1 (art. 6-1), of the Convention;
- held, by eight votes to one, that the respondent state was
to pay the applicant, within three months, 2 000 000 French francs
for damage;
- held, unanimously, that the respondent state was to pay the
applicant, within three months, 100 000 French francs, plus value
added tax, for costs and expenses;
- dismissed, unanimously, the remainder of the claim for just
satisfaction;
Having regard to the rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of the
Convention;
Having invited the Government of France to inform it of the
measures which had been taken in consequence of the judgment of
10 February 1995, having regard to France's obligation under
Article 53 (art. 53) of the Convention to abide by it;
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
judgment, which information appears in the appendix to this
resolution;
Whereas, the Government of France provided certain
information, contained in the same appendix, with regard to the
payment of the just satisfaction;
Whereas, on 19 September 1995 the Commission seized the Court
with a request for the interpretation of the judgment of
10 February 1995 as regards the award of just satisfaction,
Declares, after having taken note of the information supplied
by the Government of France, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case, subject
to any new examination which could be required as a result of the
Court's interpretative judgment.
Appendix to Resolution DH (95) 247
Information provided by the Government of France
during the examination of the Allenet de Ribemont case
by the Committee of Ministers
The judgment of the Court has received much publicity and has
been published in the Bulletin d'information de la Cour de
cassation. In addition, Heading V of the Act of 4 January 1993 on
the reform of criminal procedure provides for the adoption of
certain measures in order to ensure that the presumption of
innocence is respected. In particular, under section 47 of the
Act, the investigation judge may conclude that there has been a
breach of this presumption in the course of ongoing proceedings and
order a rectifying measure or the publishing of a statement in
order to put an end to the interference. The government considers
that these measures should be sufficient to prevent the repetition
of the violations found in the present case.
With regard to the payment of the just satisfaction the
government can give the following information.
Anxious to ensure the proper execution of the judgment of the
European Court of Human Rights of 10 February 1995, the French
Government set in motion the payment procedure necessary in order
to ensure that Mr Allenet de Ribemont was paid in the course
of May 1995.
However, on 6 March 1995 the heirs of Mr de Broglie,
Mr Allenet de Ribemont's creditors, notified the General Payment
Office (Paierie Générale du Trésor) of their request that the sum
be seized.
No attachment judgment was necessary since Mr Broglie's heirs
had a valid execution title in the form of a judgment from 1979 and
the Payment Office paid Mr Allenet de Ribemont's creditors on
17 July 1995 upon production of an affidavit of non-opposition
(certificat de non-opposition) issued by Maître Nocquet,
Enforcement Officer, in Paris.
France has accordingly complied with its obligations under the
judgment of the European Court of Human Rights and can not be
concerned by the problems which on this occasion may oppose private
parties.
Full & Egal Universal Law Academy