CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 19 décembre 2007

.s3ABFC313 { font-size:10pt } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .sDB9EB187 { font-weight:bold } .s7ED160F0 { text-decoration:none } .sFB4D0E3C { font-size:8pt; vertical-align:super; color:#000000 } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .sFBC99493 { font-style:italic } .sCC94371F { margin-top:0pt; margin-left:35.45pt; margin-bottom:0pt; text-indent:0.55pt; font-size:12pt } .sF8AEFD1F { margin-top:0pt; margin-left:36pt; margin-bottom:0pt; font-size:12pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s23ADBB69 { font-size:6.67pt; vertical-align:super; color:#0069d6 } Resolution CM/ResDH(2007)168 [1] Execution of the judgment of the European Court of Human Rights Cohen and Smadja against France   (Application No. 53607/99, friendly settlement, judgment of 23 September 2003)   The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);   Having regard to the judgment transmitted by the Court to the Committee once it had become final;   Recalling that the complaints declared admissible in this case relate to the fact that the applicants, having been inadequately and belatedly informed of the offences of which they had been convicted, were not able to lodge an appeal (complaints based on Article 6, paragraphs 1 and 3 b, and Article   2 of Protocol No. 7);   Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicants, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties' undertaking not to request a re-hearing of the cases before the Grand Chamber;   Whereas under this friendly settlement it was agreed that the government of the respondent state would pay each of the applicant the sum of 8   000 euros ( i.e . a total of 16   000   euros), within three months as from the notification of the judgments;   Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;   Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article   46, paragraph 1, of the Convention to abide by the judgment;   Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;   Having satisfied itself that on 12 January 2004, the government of the respondent state paid the applicants the sums provided for in the friendly settlement, in conditions accepted by the applicants;   DECLARES, having examined the information supplied by the Government of France, that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and   DECIDES to close its examination. [1] Adopted by the Committee of Ministers on 19 December   2007 at the 1013th meeting of the Ministers’   Deputies