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 13 May 1987 by Mr Pierre Mouton against France
(Application No. 13118/87);
Whereas on 2 August 1991 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 the applicant complained, inter
alia, of the excessive length of criminal proceedings instituted
against him;
Whereas the Commission declared the application admissible
on 8 June 1990 as regards the above-mentioned complaint and in
its report adopted on 8 July 1991 expressed unanimously the
opinion that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 468th meeting of the Ministers' Deputies
held on 13 December 1991, 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 April 1992;
Whereas on 15 May 1992 the Committee of Ministers held, in
accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of France was to pay the
applicant within three months the sum of 80 000 French francs in
respect of non-pecuniary damage and 28 600 French francs in
respect of costs and expenses;
Whereas the Committee of Ministers invited the Government
of France to inform it of the measures taken following its
decision of 15 May 1992, having regard to France's obligation
under Article 32, paragraph 4 (art. 32-4), of the Convention to
abide by it;
Whereas the Committee of Ministers satisfied itself that on
28 July 1992 the Government of France ordered the payment to the
applicant of the total sum of 108 600 French francs by way of
just satisfaction and that the applicant did receive this sum on
2 September 1992,
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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