Final Resolution ResDH(2002)66
Human Rights
Application No. 33639/96
Cheema against France
(Adopted by the Committee of Ministers on 24 June 2002
at the 798th meeting of the Ministers’ Deputies)
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 (2000) 14, adopted on 14 February 2000 in the case of Cheema against France, in which the Committee of Ministers decided that there had been a violation of Article 8 of the Convention on account of a breach of his right to respect for family life because of the French authorities’ refusal of his request for the reunification of his family, 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, proposals supplemented by a letter of the President of the Commission dated 30 October 1999;
Whereas at the 695th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 14 February 2000, in accordance with Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, 13 966 French francs in respect of costs and expenses, 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 14 February 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 to avoid new violations of the same kind as that found in this case (this information appears in the appendix to this resolution);
Whereas the Committee of Ministers satisfied itself that on 31 March 2000, within the time-limit set, the government of the respondent state had paid the applicant the total sum of 13 966 French francs as just satisfaction,
Declares, after having taken note of the measures taken by the Government of France, that it has exercised its functions under Article 32 of the Convention in this case.
Appendix to Final Resolution ResDH(2002)66
Information provided by the Government of France
during the examination of the Cheema case
by the Committee of Ministers
On 16 May 2000, the préfecture of Seine-Saint-Denis delivered a residence permit to Mrs Cheema, the applicant’s wife, valid from 10 November 1999 to 9 November 2009.
The Government of France considers that it has therefore fulfilled its obligations under former Article 32 of the Convention.
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