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 9 December 1985 by M. against France
(Application No. 11940/86);
Whereas on l5 November 1989 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 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 the applicant complained inter alia of the excessive
length of criminal proceedings instituted against him;
Whereas the Commission declared the application admissible on 10 March 1989 as
regards the above-mentioned complaint and in its report adopted on
3 October 1989 expressed unanimously the opinion that there had been a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
Agreeing with the opinion expressed by the Commission in accordance with
Article 31, paragraph 1 (art. 31-1, of the Convention;
Having examined the proposals made by the Commission concerning just
satisfaction for the applicant,
Decides, having voted in accordance with the provisions of
Article 32, paragraph 1 (art. 32-1), of the Convention, that there has been a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention in this case;
Recommends, under Rule 5 of the Rules adopted by the Committee of Ministers for
the application of Article 32 (art. 32) of the Convention, that the Government
of France pay to the applicant the sum of 30 000 French Francs in respect of
non-pecuniary damage and the sum of 20 000 French Francs in respect of legal
costs;
Decides, therefore, that no further action is called for in this case.
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