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 Djeroud case, delivered on 23 January 1991 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 25 September 1987 under Article 25 (art. 25) of the Convention
by Mr Mohamed Djeroud, an Algerian national, who complained under
Articles 3 and 8 (art. 3, art. 8) of the Convention of a
deportation order made against him;
Recalling that the Commission declared the application admissible
on 10 May 1989 and in its report adopted on 15 March 1990
expressed unanimously the opinion that there had been no
violation of Article 3 (art. 3) of the Convention and by thirteen
votes to one that there had been a violation of Article 8
(art. 8) of the Convention;
Recalling that the case was brought before the Court by the
Commission on 21 May 1990;
Whereas in its judgment of 23 January 1991 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
150 000 French Francs in respect of all heads of damage combined,
that the deportation order made against him would be revoked and
that a residence permit valid ten years would be issued to him;
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 undertakings 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 undertakings attached to
the solution of the case;
Having satisfied itself that the Government of France has ordered
payment to the applicant on 8 April 1991 of the sum of
150 000 French Francs, that the deportation order was revoked on
18 February 1991 and that a residence permit expiring
on 17 February 2001 was issued to the applicant,
Declares that it has exercised its functions under Article 54
(art. 54) of the Convention in this case.
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