Resolution CM/ResDH(2008)9[1]
Execution of the judgment of the European Court of Human Rights
Du Roy et Malaurie against France
(Application No. 34000/96, judgment of 3 October 2000, final on 3 January 2001)
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”);
Having regard to the judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns an infringement of the freedom of expression of the applicants, who are journalists, because of their conviction on the basis of Article 2 of the Law of 2 July 1931 for “publishing information regarding civil action in criminal proceedings” (violation of Article 10) (see details in Appendix) ;
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with France's obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the respondent state paid the applicants the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures, preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix) and considering the decision taken at the 863rd meeting of the Ministers' Deputies (6 January 2004), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2008)9
Information about the measures taken to comply with the judgment
in the case of Du Roy et Malaurie against France
Introductory case summary
The case concerns an infringement of the applicants' freedom of expression - the applicants are journalists – on account of their conviction in 1996 on the basis of Article 2 of the Law of 02/07/1931 for “publishing information regarding civil action in criminal proceedings” (violation of Article 10).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
50 000 FRF
50 000 FRF
Paid on 27/08/2002
b) Individual measures
The Court held that the judgment constitutes in itself sufficient just satisfaction for the alleged pecuniary and non-pecuniary damage.
The fine of 3 000 French Francs imposed on the applicants was never recovered.
The applicants' conviction no longer appear on their criminal records.
II.General measures
The judgment of the European Court of Human Rights was published in Cahiers du CREDHO No. 7, 2001.
In two successive judgments, the criminal chamber of the Cour de cassation held that Article 2 of the Law of 2 July 1931 ”because it takes the form of general and absolute prohibition, creates an interference in freedom of expression which is not necessary to protect the legitimate interests enumerated at Article 10.2 of the Convention on Human Rights and Fundamental Freedoms; that being incompatible with these provisions, they cannot serve as a ground for a criminal conviction” (Cour de Cassation, judgments of 16 January 2001 and 27 March 2001).
Article 2 of the Law of 2 July 1931 no longer applies in French Law.
III.Conclusions of the respondent state
The government considers that the measures taken have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent new, similar violations and that France has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 27 March 2008 at the 1020th meeting of the Ministers’ Deputies
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