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 Delta case delivered on 19 December 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 4 August 1984 under Article 25 (art. 25) of the
Convention by Mr Michel Sophie Delta, a French national, who
complained that his criminal conviction was based to a decisive
degree on statements by the complainant and a friend who were
interviewed by the police but not examined by the courts trying
the facts neither in first instance nor on appeal;
Recalling that the case was brought before the Court by
the Commission on 14 December 1989;
Whereas in its judgment of 19 December 1990 the Court
unanimously:
- held that there had been a violation of paragraph 3.d of
Article 6 of the Convention taken together with paragraph 1
(art. 6-3-d, art. 6-1);
- held that it was not necessary also to examine the case
under Article 6, paragraph 2 (art. 6-2);
- held that it was not called upon to consider the complaints
under Article 6, paragraph 3.b and Articles 17 and 18
(art. 6-3-b, art. 17, art. 18);
- held that the respondent state was to pay the applicant
compensation for damage to the sum of 100 000 French francs;
- dismissed the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of
the Convention;
Having invited the Government of France to inform it of
the measures which had been taken in consequence of the judgment
of 19 December 1990, having regard to its obligation under
Article 53 (art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the
Committee of Ministers, the Government of France gave the
Committee information about the measures taken in consequence of
the judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of France has
paid the applicant the sum provided for in the judgment,
Declares, after having taken note of the information
supplied by the Government of France, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH(91)31
Information provided by the Government of France
during the examination of the Delta case
by the Committee of Ministers
As regards the examination of witnesses by the Court of
Appeal under Article 513, paragraph 2, of the Code of Criminal
Procedure, the Government of France, referring to paragraph 28
of the Court's judgment, is of the view that the change in the
Court of Cassation Criminal Division's case-law since its
Randhawa judgment of 12 January 1989 allows it to state that in
future similar cases cannot occur again.
In any case, if the Code of Criminal Procedure were to be
amended in the future, the Court's judgment in the present case
would be taken into account.
Payment of the sum awarded to the applicant by the Court
took place on 30 April 1991. Furthermore, by order dated
7 October 1991 the French Government ordered to be paid to the
applicant the sum of 3 758 French francs in respect of legal
rates of interest for the period of 19 December 1990 to
30 April 1991.
Full & Egal Universal Law Academy