CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 9 février 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 by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the application lodged on 17 August 1989 by Mr Jean-Rodolphe Benes against France (Application No. 15874/89);     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, declared admissible by the Commission on 1 April 1992 (final decision as to the admissibility), the applicant complained of the excessive length of certain criminal proceedings;     Whereas in its report adopted on 13 October 1993 the Commission expressed, unanimously, the opinion that there had been a 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 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 3 March 1995;     Whereas, at the 539th meeting of the Deputies held on 7 June 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, 60 000 French francs in respect of non-pecuniary damage and 25 000 French francs in respect of costs, 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 4 May 1994 and 7 June 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 3 September 1995 at the latest, the Government of France paid the applicant the total sum of 85 000 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 (96) 4   Information provided by the Government of France during the examination of the case of Benes 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 violations similar to the one found in the present case.