D. AGAINST FRANCE

COUNCIL OF EUROPE

COMMITTEE OF MINISTERS

RESOLUTION DH (97) 191

HUMAN RIGHTS

APPLICATIONS Nos. 11190/84 AND 15431/89

D. AGAINST FRANCE

(Adopted by the Committee of Ministers on 15 May 1997

at the 590th 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 the report drawn up on 8 December 1992 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 23 August 1984 by Mr D. against France (Applications Nos. 11190/84 and 15431/89);

Whereas on 16 February 1993 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;

Whereas in his applications, declared admissible by the Commission on 8 April 1991, the applicant complained of the excessive length of several civil proceedings and of the violation of his right to the peaceful enjoyment of his possessions owing to the length of these proceedings;

Whereas in its report the Commission expressed, by five votes to four, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention with regard to the proceedings relating to the applicant’s application for the annulment of an award and, unanimously, the opinion that there had been a violation of this provision as regards the proceedings relating to an agricultural lease and that no separate question arose as regards Article 1 of Protocol No. 1;

Whereas, at the 495th meeting of the Ministers’ Deputies held on 11 June 1993, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraph 1, of the Convention with regard to the proceedings relating to the applicant’s application for the annulment of an award and the proceedings relating to an agricultural lease;

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 15 September 1995;

Whereas, at the 553rd meeting of the Deputies held on 15 December 1995, the Committee of Ministers held, in accordance with Article 32, paragraph 2, of the Convention, that the Government of France was to pay the applicant as just satisfaction, within three months, 50 000 French francs in respect of non-pecuniary damage and 12 000 French francs in respect of costs and expenses, namely a total sum of 62 000 French francs;

Whereas the Committee of Ministers invited the Government of France to inform it of the measures taken following its decisions of 11 June 1993 and 15 December 1995, 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 France accordingly indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that by 14 March 1996, within the time-limit set, the Government of France had paid the applicant the total sum of 62 000 French francs as just satisfaction,

Declares, 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;

Authorises the publication of the report adopted by the Commission in this case.

 

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