CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 9 juin 1994

.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 Miailhe case delivered on 25 February 1993 and 29 November 1993 and transmitted the same days to the Committee of Ministers;        Recalling that the case originated in an application against France lodged with the European Commission of Human Rights on 11 December 1986 under Article 25 (art. 25) of the Convention by Mr William Miailhe, Mrs Victoria Miailhe and Mrs Brigitte Miailhe, French nationals, who complained of the home searches and seizures made on premises of theirs by customs officers;        Recalling that the case was brought before the Court by the Commission on 13 December 1991;        Whereas in its judgment of 25 February 1993 the Court:        - dismissed unanimously the government's preliminary objection;        - held by eight votes to one that there had been a breach of Article 8 (art. 8);        - held unanimously that it was not necessary also to examine the case under Article 13 (art. 13);        - held unanimously that the question of the application of Article 50 (art. 50) was not ready for decision;        Whereas in its judgment of 29 November 1993 the Court unanimously:        -   held that the respondent state was to pay within three months:        a. 50 000 French francs to Mr Miailhe, 25 000 French francs to Mrs Victoria Miailhe and 25 000 French francs to Mrs Brigitte Miailhe for non-pecuniary damage;        b. 60 000 French francs to each of the applicants for costs      and expenses;        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 of 25 February 1993 and 29 November 1993, 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 judgments;        Having satisfied itself that on 26 and 28 March 1994 the Government of France paid the applicants the sums provided for in the judgment of 29 November 1993,        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 (94) 51          Information provided by the Government of France           during the examination of the Miailhe case                  by the Committee of Ministers        The Budget Acts of 30 December 1986 (section 80-I and II) and 29 December 1989 (section 108-III, 1 to 3) now provide that all home searches, except those carried out in connection with a flagrant offence (flagrant délit), must be authorised by a reasoned order of the President of the tribunal de grande instance or a judge delegated by him (see the judgment of the European Court of Human Rights of 23 February 1993 in the present case, paragraph 19).