Resolution CM/ResDH(2011)208[1]
Execution of the judgment of the European Court of Human Rights
Bousarra against France
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”)[2],
Having regard to the judgment transmitted by the Court to the Committee once it became final;
Case name (App. No.)
Judgment of
Final on
Bousarra (25672/07)
23 September 2010
23 December 2020
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of individual measures to put an end to the violations and as far as possible to remedy their consequences for the applicant and general measures to prevent new, similar violations;
Having invited the authorities of the respondent state to provide an action plan concerning the measures proposed to execute the judgment;
Having, in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention, examined the action report provided by the government (see appendix);
Having noted that the respondent state paid the applicant the just satisfaction, as provided in the judgment;
DECLARES, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
Appendix to Resolution CM/ResDH(2011)208
Information about the measures to comply with the judgment in the case of
Bousarra against France
Bousarra v. France (No. 25672/07)
Judgment of 23 September 2010, which became final on 23 December 2010
Action report from the French Government
This case concerns the deportation to Morocco of Mr Bousarra, a Moroccan national, whose continued presence on French territory had been considered by the national authorities to be incompatible with the imperative needs of public order. This measure was ruled to be contrary to Article 8 of the Convention.
I. Individual measures
1. Payment of just satisfaction
The Court awarded the applicant just satisfaction of €11,000. The principal sum was paid to the applicant on 20 April 2011, and the default interest on 6 June 2011.
2. Other measures
The order of 27 August 2002 whereby the Minister of the Interior ordered Mr Bousarra’s expulsion was revoked by an order of 9 May 2011.
The Consulate General of France with territorial competence in Morocco sent notification of this revocation order to the applicant on 9 June 2011. The applicant’s lawyer informed the consular authorities by letter of 24 June that his client’s address had changed. Another notification was subsequently sent to the applicant’s new address.
II. General measures
1. Dissemination
The Court’s decision has been brought to the attention of the office of the Ministry of the Interior responsible for expulsion proceedings.
2. Other general measures
The government considers that this decision does not require any other general measures, considering, on the one hand, the very particular nature of the facts which led to the finding of a violation, and, on the other hand, the changes to domestic legislation since the facts which led to the finding of a violation. Law No. 2003-1119 of 26 November 2003, as the Court itself also noted (§52), in practice prohibits the imposition of an expulsion measure on a foreigner lawfully resident in France for more than 20 years.
The government considers that the judgment has been executed.
[1] Adopted by the Committee of Ministers on 2 December 2011 at the 1128th Meeting of the Ministers’ Deputies
[2] See also the Recommendations adopted by the Committee of Ministers in the context of the supervision of judgments of the European Court of Human Rights and in particular Recommendation Rec(2004)6 of the Committee of Ministers to member states on the improvement of domestic remedies.
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