CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 15 mai 1996

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block }    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 on 12 October 1994 by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the applications lodged respectively on 10 June 1992 and 27 November 1992 by Mr Francis Vanverberghe against France (Applications Nos. 20386/92 and 21074/92);     Whereas on 15 November 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 applications, as declared admissible by the Commission on 11 May 1994, the applicant complained of the excessive length of his detention on remand and of the excessive length of the criminal proceedings;     Whereas in its report the Commission expressed, by twelve votes to one, the opinion that there had been a violation of Article 5, paragraph 3 (art. 5- 3), of the Convention, unanimously, that no separate question arose under Article 6, paragraph 2 (art. 6-2), of the Convention and, by twelve votes to one, that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;     Whereas, at the 534th meeting of the Ministers' Deputies held on 7 April 1995 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 a violation of Article 5, paragraph 3 (art. 5-3), of the Convention and 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 15 September 1995;     Whereas, on 19 October 1995, at the 546th meeting of the Deputies, 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, 55 000 French francs in respect of non-pecuniary damage and 30 000 French francs in respect of costs and expenses, namely a total sum of 85 000 French francs;     Whereas the Committee of Ministers invited the Government of France to inform it of the measures taken following its decisions of 7 April 1995 and 19 October 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 the Government of France paid the applicant the total sum of 85 000 French francs as just satisfaction, payment confirmed by letter dated 11 March 1996,     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 (96) 122   Information provided by the Government of France during the examination of the Vanverberghe case by the Committee of Ministers     The report of the Commission has been distributed 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 similar violations as found in the present case.