resolution DH (9) 120
CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS
OF 24 AUGUST 1998
IN THE CASE OF BENKESSIOUER AGAINST FRANCE
(Adopted by the Committee of Ministers on 19 February 1999
at the 659th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 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 Benkessiouer case delivered on 24 August 1998 and transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application (No. 26106/95) against France, lodged with the European Commission of Human Rights on 26 July 1994 under Article 25 of the Convention by Mr Ahmed Benkessiouer, a French national, and that the Commission declared admissible the complaint regarding the excessive length of the proceedings he had brought, as a civil servant, before the administrative courts to challenge the refusal to extend his sick-leave, the suspension of payment of his salary and his request for damages;
Recalling that the case was brought before the Court by the government on 19 September 1997;
Whereas in its judgment of 24 August 1998 the Court:
- held, by seven votes to two, that Article 6, paragraph 1, of the Convention applied in this case and that there has been a violation of it;
- held, unanimously, that the respondent State was to pay the applicant, within three months 30 000 French francs in respect of non-pecuniary damage and that simple interest at an annual rate of 3.36% would be payable on this sum from the expiry of the above-mentioned three months until settlement;
- 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 of the Convention;
Having invited the Government of the respondent State to inform it of the measures which had been taken in consequence of the judgment of 24 August 1998, having regard to France’s obligation under Article 53 of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State accordingly indicated that the Court's judgment had been sent out to the authorities directly concerned, that it would be published in the near future, in the Bulletin des arrêts de la Cour de cassation and that it was already available on the Website of the Prime Minister, “Legifrance”;
Having satisfied itself that on 26 October 1998, within the time-limit set, the Government of the respondent State paid the applicant the sum provided for in the judgment of 24 August 1998,
Declares, after having taken note of the information supplied by the Government of France, that it has exercised its functions under Article 54 of the Convention in this case.
Full & Egal Universal Law Academy