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 judgment of the European Court of Human Rights in the Clerc
case, delivered on 26 April 1990 and transmitted the same day to the Committee
of Ministers;
Recalling that the case originated in an application against France lodged with
the European Commission of Human Rights on 28 August 1986 under Article 25
(art. 25) of the Convention by Mr Louis Clerc, a French national, who complained
of the excessive length of criminal proceedings instituted against him;
Recalling that the Commission declared the application admissible on
8 September 1988 and in its report adopted on 12 July 1989 expressed unanimously
the opinion that there had been a violation of Article 6, paragraph 1
(art. 6-1), of the Convention;
Recalling that the case was brought before the Court by the Commission on
12 October 1989;
Whereas in its judgment of 26 April 1990 the Court, having taken formal note of
a friendly settlement reached by the Government of France and the applicant and
having found that there were no reasons of public policy justifying the
continuation of the proceedings, decided unanimously to strike the case out of
its list;
Whereas under the above-mentioned friendly settlement it was agreed that the
applicant would receive compensation of 100 000 French francs in respect of all
heads of damage combined;
Recalling that Rule 49, paragraph 3, of the Court's Rules 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 in order to allow it to
supervise, in accordance with Article 54 (art. 54) of the Convention, the
execution of any undertaking which may have been attached to the discontinuance
or solution of the matter;
Having invited the Government of France to inform it of the measures taken for
the execution of the undertaking attached to the solution of the case;
Having satisfied itself that the Government of France has paid to the applicant
the sum provided for in the friendly settlement,
Declares that it has exercised its functions under Article 54 (art. 54)
of the Convention in this case.
Full & Egal Universal Law Academy