Resolution CM/ResDH(2007)43
Human Rights
Application No. 20282/92
G.B. 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 the report drawn up on 26 June 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 4 May 1992 by a French national, Ms G.B., against France;
Whereas on 22 July 1996 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided in former Article 32, paragraph 1, of the Convention elapsed without the case having been brought before the European Court of Human Rights in pursuance of former Article 48 of the Convention;
Whereas in her application, as declared admissible by the Commission on 29 November 1995, the applicant complained of the illegality of her confinement to a mental hospital as well as of the length of the subsequent civil proceeding for compensation for the damage sustained because of her confinement;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 5, paragraph 1, of the Convention and a violation of Article 6, paragraph 1;
Whereas at the 582nd meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of former Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission held, by a decision adopted on 28 January 1997, that there had been in this case a violation of Article 5, paragraph 1 and Article 6, paragraph 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 7 November 1997;
Whereas at the 618th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 18 February 1998, 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, 80 000 French Francs in respect of non-pecuniary damage and 82 000 French Francs in respect of costs and expenses, namely a total sum of 162 000 French Francs, 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 28 January 1997and 18 February 1998, 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 the government of the respondent state paid the applicant the total sum of 162 000 French Francs as just satisfaction, within one month of the time-limit set, and thus no default interest was due in accordance with the above-mentioned decision of the Committee of Ministers concerning the modalities of default interest payment,
Declares, having examined 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 its examination;
Authorises the publication of the report adopted by the Commission in this case.
Full & Egal Universal Law Academy