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 Karakaya case delivered on 26 August 1994 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
30 September 1993 under Article 25 (art. 25) of the Convention by
Mr Mustafa Karakaya, a Turkish national, and that the Commission
declared admissible the complaint of the excessive length of
certain compensation proceedings brought by the applicant, a
haemophiliac infected with the Aids virus following blood
transfusions;
Recalling that the case was brought before the Court by the
Commission on 13 April 1994;
Whereas in its judgment of 26 August 1994 the Court,
unanimously:
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1);
- held that the respondent state was to pay the applicant,
within three months, 200 000 French francs for non-material damage
and 58 114 French francs for costs and expenses;
- dismissed the remainder of the applicant's claims;
Having regard to the rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of the
Convention;
Having invited the Government of France to inform it of the
measures which had been taken in consequence of the judgment of
26 August 1994, having regard to France's obligation under
Article 53 (art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of France gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that on 6 November 1994 at the latest
the Government of France paid the applicant the sums provided for
in the judgment of 26 August 1994,
Declares, after having taken note of the information supplied
by the Government of France, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (95) 6
Information provided by the Government of France
during the examination of the case of Karakaya
by the Committee of Ministers
The Act of 31 December 1991 has established a special
compensation mechanism for haemophiliac and transfused patients who
have been infected following injections of blood products.
Section 47 provides for the creation of a special compensation fund
and defines the procedure before this organ.
Decree No. 93-906 of 12 July 1993 fixes the manner in which
the said Section 47 shall be applied. This text indicates the
conditions governing the fund's exercise of its subrogation right
and the practical arrangements to be observed in order to harmonise
the administrative and judicial compensation procedures.
Accordingly, pursuant to Section 16 of the decree, the courts must
inform the fund of any compensation claim lodged. In a similar
manner, Section 17 provides that the fund must indicate to the
courts concerned, within one month from the date of reception of
the judicial file, whether it has received any compensation claims
in the case at issue and of its decision vis-à-vis those claims;
the fund must also indicate whether or not it intends to intervene
before the courts.
The French Government considers that this co-ordination and
collaboration between the courts and the fund will accelerate the
compensation procedure in cases of contaminated haemophiliacs and
prevent the repetition of violations similar to that found by the
Court in the present case.
Full & Egal Universal Law Academy