Resolution ResDH(2006)37
concerning the judgment of the European Court of Human Rights
of 3 June 2003 (Friendly settlement)
in the case of Susini and others against France
(Adopted by the Committee of Ministers on 21 June 2006,
at the 966th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the case of Susini and others delivered on 3 June 2003 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 43716/98) against France, lodged with the European Commission of Human Rights on 10 March 1998 under former Article 25 of the Convention by Mrs Agathe Susini, Véronique Susini, Anne-Marie Calzarelli, Marie Sueur and Mr Roger Susini, Mathias Ortiz and Charles Susini, seven French nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints concerning the length of certain criminal proceedings combined with civil action for damages, as well as the lack of effective remedies to determine such a complaint;
Whereas in its judgment of 3 June 2003 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, 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 the 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 the above-mentioned friendly settlement it was agreed that the Government of France would pay each applicant, the sum of 2 300 euros in respect of pecuniary and non-pecuniary damages and 5 328,18 euros in respect of costs and expenses to Mrs Ortiz, the widow of Mr Susini, within three months as from the delivery of the judgment and that simple interest would be payable on the sum at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points from the expiry of the above-mentioned thirty days until settlement;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward 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 or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 12 January 2004, after the expiry of the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicants the sums provided for in the friendly settlement as well as the default interest due and that no other measure was required in the present case to conform to the Court’s judgment,
Declares, after having examined the information supplied by the Government of France, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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