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
16 July 1991 by Mr Jean-Pierre Quado against France
(Application No. 18837/91);
Whereas on 24 February 1994 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, declared admissible by the
Commission on 31 March 1993, the applicant complained of the
interception and the recording of his telephone conversations by
criminal investigation police officers;
Whereas in its report adopted on 11 January 1994 the
Commission expressed, unanimously, the opinion that there had been
a violation of Article 8 (art. 8) of the Convention;
Whereas, at the 514th meeting of the Ministers' Deputies held
on 9 June 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 8 (art. 8) 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
6 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, 7 500 French francs in respect
of non-pecuniary damage and 30 000 French francs in respect of
costs and expenses, namely a total sum of 37 500 French francs;
Whereas the Committee of Ministers invited the Government of
France to inform it of the measures taken following its decisions
of 9 June 1994 and 6 February 1995, having regard to France's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
Whereas the Government of France recalled that measures had
already been taken to prevent the repetition of the violation found
in this case, through the entering into force on 1 October 1991 of
the law of 10 July 1991 concerning the secrecy of
telecommunications (see Resolutions DH (92) 40 in the case of Huvig
against France and DH (92) 41 in the case of Kruslin against
France);
Whereas the Committee of Ministers satisfied itself that on
23 June 1995 the Government of France paid the applicant the total
sum of 37 500 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.
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