CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 18 novembre 1991

.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 judgment of the European Court of Human Rights in the Delta case delivered on 19 December 1990 and transmitted the same day to the Committee of Ministers;           Recalling that the case originated in an application against France lodged with the European Commission of Human Rights on 4 August 1984 under Article 25 (art. 25) of the Convention by Mr Michel Sophie Delta, a French national, who complained that his criminal conviction was based to a decisive degree on statements by the complainant and a friend who were interviewed by the police but not examined by the courts trying the facts neither in first instance nor on appeal;           Recalling that the case was brought before the Court by the Commission on 14 December 1989;           Whereas in its judgment of 19 December 1990 the Court unanimously:   -     held that there had been a violation of paragraph 3.d of Article 6 of the Convention taken together with paragraph 1 (art. 6-3-d, art. 6-1);   -     held that it was not necessary also to examine the case under Article 6, paragraph 2 (art. 6-2);   -     held that it was not called upon to consider the complaints under Article 6, paragraph 3.b and Articles 17 and 18 (art. 6-3-b, art. 17, art. 18);   -     held that the respondent state was to pay the applicant compensation for damage to the sum of 100 000 French francs;   -     dismissed 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 judgment of 19 December 1990, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;           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 judgment, which information appears in the appendix to this resolution;           Having satisfied itself that the Government of France has paid the applicant the sum provided for in the judgment,           Declares, after having taken note of the information supplied by the Government of France, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                   Appendix to Resolution DH(91)31          Information provided by the Government of France            during the examination of the Delta case                  by the Committee of Ministers        As regards the examination of witnesses by the Court of Appeal under Article 513, paragraph 2, of the Code of Criminal Procedure, the Government of France, referring to paragraph 28 of the Court's judgment, is of the view that the change in the Court of Cassation Criminal Division's case-law since its Randhawa judgment of 12 January 1989 allows it to state that in future similar cases cannot occur again.        In any case, if the Code of Criminal Procedure were to be amended in the future, the Court's judgment in the present case would be taken into account.        Payment of the sum awarded to the applicant   by the Court took place on 30 April 1991.   Furthermore, by order dated 7 October 1991 the French Government ordered to be paid to the applicant the sum of 3 758 French francs in respect of legal rates of interest for the period of 19 December 1990 to 30 April 1991.