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 } .s66053943 { text-transform:uppercase } .sFBC99493 { font-style:italic } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } Resolution CM/ResDH(2007)167 Human Rights Application No. 31409/96 Maurice Riccobono against France   (Adopted by the Committee of Ministers on 19 December 2007, at the 1013th meeting of the Ministers' Deputies)     The Committee of Ministers, under the terms of former Article   32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),   Having regard to Interim Resolution DH(99)557, adopted on 8 October 1999 in the case of Maurice Riccobono against France, in which the Committee of Ministers decided that there had been a violation of Article   8 of the Convention on account of the house searches and seizures the applicant was subject to during a customs investigation, and to make public the report of the European Commission of Human Rights;   Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter, dated 9 April 2001, of the special Committee of Advisers to assist the Committee of Ministers with the question of just satisfaction after the expiry of the mandate of the European Commission of Human Rights;   Whereas at the 757th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 26 June 2001, in accordance with former Article   32, paragraph   2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, 50,000 FRF in respect of non-pecuniary damage and 30,000 FRF in respect of costs and expenses, namely a total sum of 80,000 FRF, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;   Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 8 October 1999 and 26 June 2001, having regard to France's obligation under former Article   32, paragraph   4, of the Convention to abide by them;   Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned;   Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the just satisfaction had been seized;   Whereas there is no indication that, in the circumstances of the present case, the attachment procedure of the just satisfaction awarded to the applicant constitutes an unjustified interference in the applicant's rights according to the Convention;   Declares, after having taken note of the measures taken by the Government of France and considering the decision taken at the 841st meeting of the Ministers' Deputies (17 June 2003), that it has exercised its functions under former Article 32 of the Convention in this case.