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 on 11 January 1995 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged on 10 June 1988 by Mr Claude
Farçat and Ms Henriette Farçat against France (Application No. 17969/91);
Whereas on 16 February 1995 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 their application, as declared admissible by the Commission on
1 September 1993 (final decision as to the admissibility), the applicants
complained of the excessive length of certain criminal proceedings combined with
civil action for damages;
Whereas in its report 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 542nd meeting of the Ministers' Deputies held on 7
September 1995, 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 applicants, proposals supplemented by a letter of the President
of the Commission dated 26 May 1995;
Whereas, at the 546th meeting of the Deputies held on
19 October 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, ex æquo et bono, the applicants 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 7 September 1995 and
19 October 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 provided the Committee with information about the
measures taken in consequence of the Committee's decisions, which information
appears in the appendix to this resolution;
Whereas the Committee of Ministers satisfied itself that
on 20 March 1996 the Government of France paid the applicants 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.
Appendix to Resolution DH (96) 256
Information provided by the Government of France
during the examination of the case of Farçat
by the Committee of Ministers
The report of the Commission has been distributed to the competent courts,
according to a practice established by the Government of France in similar
cases. The government is of the opinion that this practice will prevent any
repetition of violations similar to that found in the present case.
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