BOYER-MANET AGAINST FRANCE



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 on 11 January 1995 by the European

Commission of Human Rights in accordance with Article 31 (art. 31) of the

Convention relating to the application lodged on 10 May 1991 by Ms Marthe Boyer-

Manet against France

(Application No. 18437/91);

Whereas on 16 February 1995 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 her application, as declared admissible by the Commission on 1

September 1993 (final decision as to the admissibility), the applicant

complained of the excessive length of criminal proceedings combined with civil

action for damages;

Whereas in its report the Commission expressed, unanimously, the opinion

that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention and that it was not necessary to examine whether there had been a

violation of

Article 13 (art. 13) of the Convention;

Whereas, at the 542nd meeting of the Ministers' Deputies held on 7

September 1995, 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 6, paragraph 1 (art. 6-1), of the Convention;

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 of the President of

the Commission dated 6 March 1996;

Whereas, at the 564th meeting of the Deputies held on

30 April 1996, the Committee of Ministers decided, in accordance with Article

32, paragraph 2 (art. 32-2), of the Convention, that the Government of France

should not pay the applicant's heirs any sum as just satisfaction, as the

applicant's heirs had not submitted such a claim;

Whereas the Committee of Ministers invited the Government of France to

inform it of the measures taken following its decisions of 7 September 1995 and

30 April 1996, 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,

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 (96) 249

Information provided by the Government of France

during the examination of the Boyer-Manet case

by the Committee of Ministers

The report of the Commission has been distributed 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 a violation similar to that found in the present case.

 

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