Resolution CM/ResDH(2008)34[1]
Execution of the judgment of the European Court of Human Rights
Madi against France
(Application No. 51294/99, friendly settlement, judgment of 27 April 2004)
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 final judgment transmitted the same day by the Court to the Committee;
Recalling that the applicant's admissible complaints in this case concerned the ill-treatment he allegedly suffered while in police custody (complaint under Article 3) and the length of criminal proceedings (complaint under Article 6, paragraph 1);
Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under this friendly settlement it was agreed that the government of the respondent state would pay the applicant 99 091 euros, within three months as from the notification of the judgment;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its 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 on 10 June and 23 July 2004, within the time-limit agreed under the terms of the friendly settlement, the government of the respondent state paid the applicant the sum provided in the friendly settlement and that no other measure was required in this case to comply with the Court's judgment;
Recalling, in relation to the applicants' allegations, that certain measures have been adopted by France to avoid ill-treatment in custody (see the Selmouni case, application No. 25803/94, in which France reported in particular the creation in 2000 of a “National Commission for policing ethics” – ) and excessively lengthy criminal proceedings (see Final Resolution CM/ResDH(2007)39 of 20 April 2007, presenting details on the measures adopted, inter alia the adoption of the five-year orientation and programming Law for Justice of 09/09/2002, among other things to reduce the length of judicial proceedings).
Having examined the information supplied by the government of France,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and
DECIDES to close their examination.
[1] Adopted by the Committee of Ministers on 27 March 2008 at the 1020th meeting of the Ministers’ Deputies
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