SELMOUNI v. FRANCE JUDGMENT
35
2. The Court’s assessment
(a) Complexity of the case and conduct of the applicant
116. The Court agrees with the applicant on this point. Thus, neither the
complexity of the case nor the applicant’s conduct justifies the length of the
proceedings.
(b) Conduct of the judicial authorities
117. The Court notes that the proceedings, which are still pending since
an appeal on points of law may be brought, have already lasted more than
six years and seven months. As it has already noted in respect of the
preceding complaint, the Court reiterates that where an individual has an
arguable claim that there has been a violation of Article 3, the notion of an
effective remedy entails, on the part of the State, a thorough and effective
investigation capable of leading to the identification and punishment of
those responsible (see paragraph 79 above).
Irrespective of the Government’s acknowledgment that, regard being had
to the seriousness of the alleged facts, the overall length of the proceedings
was excessive (see paragraph 114 above), the Court considers that its
conclusions with regard to the admissibility of the complaint based on
Article 3, in particular the finding that a number of delays were attributable
to the judicial authorities (see paragraph 78 above), result in a finding that
this complaint is well-founded.
(c) Conclusion
118. Having regard to all the evidence, the Court considers that the
“reasonable time” prescribed by Article 6 § 1 was exceeded.
Accordingly, there has been a violation of Article 6 § 1 of the
Convention on account of the length of the proceedings.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
119. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”