Resolution CM/ResDH(2011)59[1]
Execution of the judgments of the European Court of Human Rights
Naudo and Maloum against France
(Application no 35469/06, judgment of 08/10/2009, final on 08/01/2010)
(Application no 35471/06, judgment of 08/10/2009, final on 08/01/2010)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in these cases concern the excessive length of the applicants’ detention on remand (violations of article 5, paragraph 3);
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 judgments;
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;
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court, 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
- general measures preventing similar violations;
Recalling that no individual measure was necessary, as the periods of detention on remand at issue had terminated by the time the Court delivered its judgments and in the absence of a request from the applicants, the Court has not granted a just satisfaction;
Recalling that the general measures were already adopted in the framework of the cases of Muller (Final resolution ResDH (2003)50) and Etcheveste and Bidart (Final resolution CM/ResDH(2007)39);
DECLARES, having examined the measures taken by the respondent state, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
[1] Adopted by the Committee of Ministers on 8 June 2011 at the 1115th Meeting of the Ministers’ Deputies
Full & Egal Universal Law Academy