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
17 November 1989 by Mr M.R. against France
(Application No. 15823/89);
Whereas on 1 December 1993 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, as declared admissible by the
Commission on 1 July 1992, the applicant complained of the length
of his detention on remand and the length of the criminal
proceedings brought against him;
Whereas in its report adopted on 13 October 1993, the
Commission expressed, unanimously, the opinion that there had been
a violation of Article 5, paragraph 3 (art. 5-3), of the Convention
and, by nine votes to two, that there had been no violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 512th meeting of the Ministers' Deputies held
on 4 May 1994, 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 5, paragraph 3 (art. 5-3), of the Convention
and that there had been no 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 December 1994;
Whereas, at the 527th meeting of the Deputies held
on 7 February 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 the applicant
as just satisfaction, within three months, 30 000 French francs in
respect of non-pecuniary and pecuniary damage, and 70 700 French
francs in respect of costs incurred before the Commission and the
domestic courts, namely a total sum of 100 700 French francs;
Whereas the Committee of Ministers invited the Government of
France to inform it of the measures taken following its decisions
of 4 May 1994 and 7 February 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 gave the Committee
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 29 June 1995 at the latest, the Government of France paid the
applicant the total sum of 100 700 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 (95) 312
Information provided by the Government of France
during the examination of the case of M.R.
by the Committee of Ministers
The report of the Commission has been diffused to the relevant
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 the repetition of violations similar to
the one found in the present case.
Full & Egal Universal Law Academy