CASE OF BIROU AGAINST FRANCE



     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 Birou case delivered on 27 February 1992 and

transmitted the same day to the Committee of Ministers;

     Recalling that the case originated in an application against

France lodged with the European Commission of Human Rights on

16 September 1987 under Article 25 (art. 25) of the Convention

by Mr Roland Birou, a French national, who complained that the

length of his detention on remand had exceeded the "reasonable

time" required under Article 5, paragraph 3 (art. 5-3), of the

Convention;

     Recalling that the case was brought before the Court by the

Commission on 12 July 1991;

     Whereas in its judgment of 27 February 1992 the Court,

having taken formal note of a friendly settlement reached by the

Government of France and the applicant and having found that

there were no reasons of public policy justifying the

continuation of the proceedings, decided unanimously to strike

the case out of its list;

     Whereas under the above-mentioned friendly settlement it was

agreed that:

-    the applicant would accept the sum of 30 000 French

     francs which would constitute full and final

     reparation for all the pecuniary and non-pecuniary

     damage as well as for the entirety of the lawyer's

     fees and other costs;

-    the applicant would withdraw from the proceedings

     pending before the Court and not institute any further

     proceedings against France in this matter in national

     or international courts;

-    the necessary measures to implement the terms of the

     friendly settlement would be taken by the French

     Government as soon as the Court had decided to strike

     the case out of the list;

     Recalling that Rule 48, paragraph 3, of the Court's Rules

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 in order to allow it to supervise, in

accordance with Article 54 (art. 54) of the Convention, the

execution of any undertakings which may have been attached to the

discontinuance or solution of the matter;

     Having invited the Government of France to inform it of the

measures taken for the execution of the undertaking attached to

the solution of the case;

     Having satisfied itself that the Government of France

has paid on 30 July 1992 to the applicant the sum provided for

in the friendly settlement,

     Declares that it has exercised its functions under

Article 54 (art. 54) of the Convention in this case.

 

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