The Committee of Ministers, under the terms of Article 32
(art. 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 by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the application lodged on
6 January 1988 by Mr René Desilles against France
(Application No. 15948/90);
Whereas on 17 January 1994 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 (art. 32-1),
of the Convention has elapsed without the case having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in his application, as declared admissible by the
Commission on 8 January 1993, the applicant complained of the
excessive length of certain "civil" proceedings before
administrative courts;
Whereas in its report adopted on 1 December 1993, the
Commission expressed, unanimously, the opinion that there had been
a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 514th meeting of the Ministers' Deputies held
on 9 June 1994, 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
(art. 32-1), of the Convention, that there had been in this case a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
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
9 December 1994;
Whereas, at the 527th meeting of the Deputies held
on 7 February 1995, the Committee of Ministers decided, in
accordance with Article 32, paragraph 2 (art. 32-2), 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;
Whereas the Committee of Ministers invited the Government of
France to inform it of the measures taken following its decisions
of 9 June 1994 and 7 February 1995, having regard to France's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of France recalled that measures
already had been taken to prevent the violation such as was found
in this case, notably through the setting up of administrative
courts of appeal, the redefinition of the Conseil d'Etat's
competences, the increase of personnel and material in order to
speed up administrative proceedings (see Resolution DH (95) 254 in
the case of Beaumartin against France);
Whereas the Committee of Ministers satisfied itself that
on 24 July 1995 the Government of France paid the applicant the
total sum of 50 000 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 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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