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 Miailhe case delivered on 25 February 1993
and 29 November 1993 and transmitted the same days to the
Committee of Ministers;
Recalling that the case originated in an application against
France lodged with the European Commission of Human Rights on
11 December 1986 under Article 25 (art. 25) of the Convention by
Mr William Miailhe, Mrs Victoria Miailhe and
Mrs Brigitte Miailhe, French nationals, who complained of the
home searches and seizures made on premises of theirs by customs
officers;
Recalling that the case was brought before the Court by the
Commission on 13 December 1991;
Whereas in its judgment of 25 February 1993 the Court:
- dismissed unanimously the government's preliminary
objection;
- held by eight votes to one that there had been a breach
of Article 8 (art. 8);
- held unanimously that it was not necessary also to examine
the case under Article 13 (art. 13);
- held unanimously that the question of the application of
Article 50 (art. 50) was not ready for decision;
Whereas in its judgment of 29 November 1993 the Court
unanimously:
- held that the respondent state was to pay within three
months:
a. 50 000 French francs to Mr Miailhe, 25 000 French francs
to Mrs Victoria Miailhe and 25 000 French francs to
Mrs Brigitte Miailhe for non-pecuniary damage;
b. 60 000 French francs to each of the applicants for costs
and expenses;
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
25 February 1993 and 29 November 1993, having regard to its
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
judgments;
Having satisfied itself that on 26 and 28 March 1994 the
Government of France paid the applicants the sums provided for
in the judgment of 29 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) 51
Information provided by the Government of France
during the examination of the Miailhe case
by the Committee of Ministers
The Budget Acts of 30 December 1986 (section 80-I and II)
and 29 December 1989 (section 108-III, 1 to 3) now provide that
all home searches, except those carried out in connection with
a flagrant offence (flagrant délit), must be authorised by a
reasoned order of the President of the tribunal de grande
instance or a judge delegated by him (see the judgment of the
European Court of Human Rights of 23 February 1993 in the present
case, paragraph 19).
Full & Egal Universal Law Academy