CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 19 octobre 1995

.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 Allenet de Ribemont case delivered on 10 February 1995 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application (No. 15175/89) against France, lodged with the European Commission of Human Rights on 24 May 1989 under Article 25 (art. 25) of the Convention by Mr Patrick Allenet de Ribemont, a French national, and that the Commission declared admissible the complaints based on a disregard of the presumption of innocence and on the excessive length of the tort proceedings brought, first before the administrative and, thereafter, before the ordinary courts;        Recalling that the case was brought before the Court by the Commission on 21 January 1994;        Whereas in its judgment of 10 February the Court:        - held, by eight votes to one, that there had been a breach of Article 6, paragraph 2 (art. 6-2), of the Convention;        - held, unanimously, that there had been a breach of Article 6, paragraph 1 (art. 6-1), of the Convention;        - held, by eight votes to one, that the respondent state was to pay the applicant, within three months, 2 000 000 French francs for damage;        - held, unanimously, that the respondent state was to pay the applicant, within three months, 100 000 French francs, plus value added tax, for costs and expenses;        - dismissed, unanimously, 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 10 February 1995, having regard to France's 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;        Whereas, the Government of France provided certain information, contained in the same appendix, with regard to the payment of the just satisfaction;        Whereas, on 19 September 1995 the Commission seized the Court with a request for the interpretation of the judgment of 10 February 1995 as regards the award of just satisfaction,        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, subject to any new examination which could be required as a result of the Court's interpretative judgment.                  Appendix to Resolution DH (95) 247           Information provided by the Government of France      during the examination of the Allenet de Ribemont case                   by the Committee of Ministers        The judgment of the Court has received much publicity and has been published in the Bulletin d'information de la Cour de cassation.   In addition, Heading V of the Act of 4 January 1993 on the reform of criminal procedure provides for the adoption of certain measures in order to ensure that the presumption of innocence is respected.   In particular, under section 47 of the Act, the investigation judge may conclude that there has been a breach of this presumption in the course of ongoing proceedings and order a rectifying measure or the publishing of a statement in order to put an end to the interference.   The government considers that these measures should be sufficient to prevent the repetition of the violations found in the present case.        With regard to the payment of the just satisfaction the government can give the following information.        Anxious to ensure the proper execution of the judgment of the European Court of Human Rights of 10 February 1995, the French Government set in motion the payment procedure necessary in order to ensure that Mr Allenet de Ribemont was paid in the course of May 1995.        However, on 6 March 1995 the heirs of Mr de Broglie, Mr Allenet de Ribemont's creditors, notified the General Payment Office (Paierie Générale du Trésor) of their request that the sum be seized.        No attachment judgment was necessary since Mr Broglie's heirs had a valid execution title in the form of a judgment from 1979 and the Payment Office paid Mr Allenet de Ribemont's creditors on 17 July 1995 upon production of an affidavit of non-opposition (certificat de non-opposition) issued by Maître Nocquet, Enforcement Officer, in Paris.        France has accordingly complied with its obligations under the judgment of the European Court of Human Rights and can not be concerned by the problems which on this occasion may oppose private parties.