The Committee of Ministers, under the terms of Article 32
(art. 32) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the application lodged on
20 April 1988 by Mr Jean Benazet against France
(Application No. 13910/88);
Whereas on 25 June 1993 the Commission transmitted the said
report to the Committee of Ministers and whereas the period of
three months provided for in Article 32, paragraph 1 (art. 32-1),
of the Convention has elapsed without the case having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in his application, declared admissible by the
Commission on 11 April 1991, the applicant complained that the
courts did not decide speedily on his application for immediate
release following an administrative order placing him in a
specialist hospital;
Whereas in its report adopted on 12 May 1993 the Commission
expressed, unanimously, the opinion that there had been a violation
of Article 5, paragraph 4 (art. 5-4), of the Convention;
Whereas, at the 501st meeting of the Ministers' Deputies held
on 9 November 1993, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a
violation of Article 5, paragraph 4 (art. 5-4), of the Convention;
Whereas the Committee of Ministers examined the proposals made
by the Commission when transmitting its report as regards the just
satisfaction to be awarded to the applicant, proposals supplemented
by a letter of the President of the Commission dated 20 May 1994;
Whereas, at the 517th meeting of the Deputies held on
20 September 1994, the Committee of Ministers decided, in
accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of France was to pay the applicant
as just satisfaction, within three months, 30 000 French francs in
respect of all damages suffered;
Whereas the Committee of Ministers invited the Government of
France to inform it of the measures taken following its decisions
of 9 November 1993 and 20 September 1994, having regard to France's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
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
Committee's decisions, which information appears in the appendix to
this resolution;
Whereas the Committee of Ministers satisfied itself that by a
letter dated 19 September 1995 the applicant had confirmed that the
Government of France had paid the total sum of 30 000 French francs
as just satisfaction,
Declares, having taken note of the measures taken by the
Government of France, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
Appendix to Resolution DH (95) 250
Information provided by the Government of France
during the examination of the case of Benazet
by the Committee of Ministers
The report of the Commission has been diffused to the relevant
courts, according to a practice established by the Government of
France in similar cases. The government is of the opinion that
this practice will prevent the repetition of violations similar to
the one found in the present case.
Full & Egal Universal Law Academy