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 judgments of the European Court of
Human Rights in the case of Kemmache against France delivered on
27 November 1991 and 2 November 1993 and transmitted the same
days to the Committee of Ministers;
Recalling that the case originated in two applications
against France lodged with the European Commission of Human
Rights on 1 August 1986 and 28 April 1989 under Article 25
(art. 25) of the Convention by Mr Michel Kemmache, a French
national, who complained respectively of the length of his
detention on remand and of the duration of criminal proceeding
brought against him;
Recalling that the case was brought before the Court by the
Commission on 11 July and on 12 October 1990;
Whereas in its judgment of 27 November 1991 the Court
unanimously:
- held that there had been a violation of Article 5,
paragraph 3, and Article 6, paragraph 1 (art. 5-3, art. 6-1);
- held that the question of the application of Article 50
(art. 50) was not ready for decision;
Whereas in its judgment of 2 November 1993 the Court
unanimously:
- held that the respondent state was to pay to the
applicant, within three months, 75 000 French francs for
non-pecuniary damage and 150 000 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 judgments of
27 November 1991 and 2 November 1993, having regard to France's
obligation under Article 53 (art. 53) of the Convention to abide
by them;
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
judgments, which information appears in summary in the appendix
to this resolution;
Having satisfied itself that the Government of France has
paid the applicant, within the time-limit set, the sums provided
for in the judgment of 2 November 1993,
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 (94) 24
Information provided by the Government of France
during the examination of the Kemmache case by the Committee
of Ministers
As regards the general measures to be taken, the government
points out that all the judgments of the European Court of Human
Rights concerning France are published in the Bulletin de la Cour
de cassation in order to ensure the dissemination of the Court's
jurisprudence at national level.
The just satisfaction was paid to the applicant within the
time-limit set by the Court.
Full & Egal Universal Law Academy