CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 9 décembre 1988

.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 }  The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the convention"),   Having regard to the judgments of the European Court of Human Rights in the Bozano case, delivered on 18 December 1986 and 2 December 1987 and transmitted the same days to the Committee of Ministers;   Recalling that the case originated in an application against the Republic of France lodged with the European Commission of Human Rights on 30 March 1982 under Article 25 (art. 25) of the convention by Mr Lorenzo Bozano, an Italian national, who made a number of complaints relating to the deprivation of liberty which he underwent as part of action taken with a view to his deportation, alleging inter alia the violation of Article 5, paragraph 1, and Article 18 (art. 5-1, art. 18) of the convention and of Article 2 of Protocol No. 4 (P4-2);   Recalling that the case was brought before the Court by the Commission on 14 March 1985;   Whereas in its judgment of 18 December 1986 the Court inter alia unanimously:   - held that there had been a breach of Article 5, paragraph 1 (art. 5-1);   - held that it was not necessary also to examine the case either under Article 18 taken together with Article 5, paragraph 1 (art. 18+5-1), or under Article 2 of Protocol No. 4 (P4-2);   - rejected the claims for just satisfaction in so far as they sought to:   - have the French Government make an approach to the Italian authorities through diplomatic channels;   - secure financial compensation for the damage suffered by the applicant's wife;   - held, as to the remainder of those claims, that the question of the application of Article 50 (art. 50) of the convention was not ready for decision;   Whereas in its judgment of 2 December 1987 the Court unanimously:   - held that the respondent State was to pay the applicant 100 000 French francs as damages and 138 350 French francs in respect of legal costs;   - rejected the remainder of the claim for just satisfaction;   Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the convention;   Having invited the Government of France to inform it of the measures which had been taken in consequence of the judgments, having regard to its obligation under Article 53 (art. 53) of the convention to abide by them;   Having satisfied itself that the Government of France has paid to the applicant the sums provided for in the judgment of 2 December 1987,   Declares that it has exercised its functions under Article 54 (art. 54) of the convention in this case.