Resolution ResDH(2000)143
concerning the judgment of the European Court of Human Rights
of 5 October 1999 (final on 3 February 2000)
in the case of Donsimoni against France
(Adopted by the Committee of Ministers on 18 December 2000
at the 732nd 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, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the Donsimoni case delivered on 5 October 1999 and transmitted to the Committee of Ministers once it had become final under Article 44 of the Convention;
Recalling that the case originated in an application (No. 36754/97) against France, lodged with the European Commission of Human Rights on 25 June 1997 under Article 25 of the unamended Convention by Mr Antoine François Donsimoni, a French national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the length of certain criminal proceedings brought against him were excessive;
Whereas in its judgment of 5 October 1999 the Court unanimously:
- held that there had been a violation of Article 6 § 1 of the Convention;
- held that the Government of the respondent State was to pay the applicant, within three months, 35 000 French francs in respect of non-pecuniary damage; 15 000 French francs in respect of costs and expenses plus any value added tax that may be chargeable and that simple interest at an annual rate of 3.47 % would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of previous Article 54 of the Convention which are, for the time being, applicable by analogy to cases under Article 46, paragraph 2, of the Convention as amended by Protocol No. 11;
Having invited the Government of the respondent State to inform it of the measures which had been taken in consequence of the judgment of 5 October 1999, having regard to France’s obligation under Article 46, paragraph 1, 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 indicated that the Court’s judgment had been sent out to the authorities directly concerned;
Having satisfied itself that on 21 January 2000, within the time-limit set, the Government of the respondent State had paid the applicant the sum provided for in the judgment of 5 October 1999,
Declares, after having taken note of 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.
Full & Egal Universal Law Academy