Final Resolution CM/ResDH(2009)60[1]
Execution of the case of
Peter against France
Interim Resolution DH(99)132
(Application No. 32510/96)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH(99)132, adopted on 19 February 1999 in the case of Peter against France, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention due to the excessive length of certain proceedings concerning civil rights and obligations before administrative courts and to make public the report of the European Commission of Human Rights;
Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant;
Whereas, at the 716th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held, by a decision adopted on 24 July 2000, in accordance with Article 32, paragraph 2, of the Convention, that the governement of the respondent State was to pay the applicant as just satisfaction, within three months, 25 000 French francs (3 811,22 euros) in respect of non-pecuniary damage and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the government of the respondent State to inform it of the measures taken following its decisions of 19 February 1999 and 24 July 2000, having regard to France’s obligation under Article 32, paragraph 4, of the Convention to abide by them;
Whereas, during the examination of the case by the Committee of Ministers, the government of the respondent State accordingly gave the Committee information about the measures taken in consequence of the Committee’s decisions; this information appears in the appendix to this resolution;
Whereas the Committee of Ministers satisfied itself that on 19 January 2001 the government of the respondent State paid the applicant the total sum awarded as a just satisfaction, plus interest;
DECLARES, having taken note of the measures taken by the Government of France, and considering the decision taken at the 871st meeting of the Ministers’ Deputies (24 February 2004), that it has exercised its functions under Article 32 of the Convention in this case ;
DECIDES to close the examination of the case.
Appendix to Resolution CM/ResDH(2009)60
Information about the measures to comply with the judgment in the case of
Peter against France
I.Payment of just satisfaction and individual measures
The proceedings at issue ended on 26 June 1997, by judgment of the Nancy Administrative Court of Appeal.
The applicants have been granted a just satisfaction for the non-pecuniary damage sustained because of the violation.
II.General measures
The general measures adopted by the French authorities before the Ministers Deputies’ decision to close this case (decision of 24 February 2004) were presented in Final Resolution CM/ResDH(2005)63 concerning the case of S.A.P.L. and 57 other cases against France, on the excessive length of certain proceedings concerning civil rights and obligations or the determination of criminal charges before the administrative courts. Among others, Law No. 2002-1138 was adopted on 9 September 2002 providing in particular for recruitment of staff of the creation of new Courts, and procedural measures were adopted.
Supplementary general measures were adopted afterwards by the French authorities, and presented in Final Resolution CM/ResDH(2008)12 concerning the case of Raffi and 30 other cases.
Both resolutions also present the effective remedy that has been set up to complain about the excessive length of such procedures.
III.Conclusions of the respondent state
The government considers that non individual measure is necessary, that the general measures taken will prevent new, similar violations and that France has thus complied with its obligations under the former Article 32 of the Convention.
[1] Adopted by the Committee of Ministers on 2 April 2009 at the 1051st meeting of the Ministers’ Deputies
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