CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 17 septembre 1992

.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 Birou case delivered on 27 February 1992 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 16 September 1987 under Article 25 (art. 25) of the Convention by Mr Roland Birou, a French national, who complained that the length of his detention on remand had exceeded the "reasonable time" required under Article 5, paragraph 3 (art. 5-3), of the Convention;        Recalling that the case was brought before the Court by the Commission on 12 July 1991;        Whereas in its judgment of 27 February 1992 the Court, having taken formal note of a friendly settlement reached by the Government of France and the applicant and having found that there were no reasons of public policy justifying the continuation of the proceedings, decided unanimously to strike the case out of its list;        Whereas under the above-mentioned friendly settlement it was agreed that:   -     the applicant would accept the sum of 30 000 French      francs which would constitute full and final      reparation for all the pecuniary and non-pecuniary      damage as well as for the entirety of the lawyer's      fees and other costs;   -     the applicant would withdraw from the proceedings      pending before the Court and not institute any further      proceedings against France in this matter in national      or international courts;   -     the necessary measures to implement the terms of the      friendly settlement would be taken by the French      Government as soon as the Court had decided to strike      the case out of the list;        Recalling that Rule 48, paragraph 3, of the Court's Rules provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 (art. 54) of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;        Having invited the Government of France to inform it of the measures taken for the execution of the undertaking attached to the solution of the case;        Having satisfied itself that the Government of France has paid on 30 July 1992 to the applicant the sum provided for in the friendly settlement,        Declares that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.