Final resolution DH (99) 698
HUMAN RIGHTS
APPLICATION No. 23553/94
LAGARDE AGAINST FRANCE
(Adopted by the Committee of Ministers on 3 December 1999
at the 688th 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 Interim Resolution DH (97) 607, adopted on 15 December 1997 in the case of Lagarde against France, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention due to the excessive length of certain criminal proceedings, and decided to make public the report of the European Commission of Human Rights;
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 18 May 1998;
Whereas at the 640th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 25 September 1998, in accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 15 000 French francs in respect of non-pecuniary damage and 5 000 French francs in respect of costs and expenses, namely a total sum of 20 000 French francs, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 15 December 1997 and 25 September 1998, 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 the respondent State 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 on 31 March 1999, the Government of the respondent State had paid the applicant the total sum of 20 000 French francs as just satisfaction and on 13 August 1999 the sum of 165.69 French francs as default interest due,
Declares, after 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.
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