Information Note on the Court’s case-law No. 93
January 2007
Benazet v. France (dec.) - 49/03
Decision 4.1.2007 [Section II]
Article 37
Article 37-1-c
Continued examination not justified
Opinion of the guardianship judge of the deceased applicant's sole heir advising her, for her own protection, not to pursue the application: struck out
The applicant complained to the European Court of Human Rights that there had been a number of violations of the Convention on account of his compulsory psychiatric treatment. He died while his application was pending before the Court. His daughter and sole heir was placed under the State-supervised guardianship of an association for disabled adults and young people. The association considered that it was unable to decide alone whether or not it was advisable for the deceased's application to be taken over and pursued by his daughter and sought authorisation from the guardianship judge. The judge indicated that, in the light of her medical history, it did not appear advisable to him, in the interest of the protection of the child placed under guardianship, that she should take over the various suits that her father had brought and in particular the application in question: struck out.
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This summary by the Registry does not bind the Court.
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