Final Resolution CM/ResDH(2007)41
Human Rights
Application No. 23321/94
Delbec I against France
(Adopted by the Committee of Ministers on 20 April 2007,
at the 992nd 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 (98) 15, adopted on 18 February 1998 in the case of Delbec I against France, in which the Committee of Ministers decided that there had been a violation of Article 8 of the Convention because the applicant was unable to obtain the examination of her requests for restoration of her right to visit her children due to the impossibility to obtain the address of her ex-husband, 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 of the President of the Commission dated 18 April 1999;
Whereas at the 721st meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 2 October 2000, 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, 100 000 French Francs in respect of non-pecuniary damage, 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 18 February 1998 and 2 October 2000, 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 the Committee of Ministers satisfied itself that on 22 November 2000, within the time-limit set, the government of the respondent state had paid the applicant the total sum of 100 000 French Francs as just satisfaction,
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 and decides to close the examination of it.
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