Final Resolution ResDH(2002)117
Human Rights
Application No. 26514/95
Delbec Annick II against France
(Adopted by the Committee of Ministers on 21 October 2002
at the 810th 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)16, adopted on 18 February 1998 in the case of Delbec Annick II against France, in which the Committee of Ministers decided to make public the report of the European Commission of Human Rights and decided that there had been a violation of Article 5, paragraph 4, of the Convention on account of the conduct of the judicial review relating to the lawfulness of the applicant’s detention in a psychiatric hospital and a violation of Article 5, paragraph 4, of the Convention on account of the slowness of this review;
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 30 March 1999;
Whereas at the 672nd meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 9 June 1999, 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, 40 000 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 9 June 1999, 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 drew the Committee’s attention to the fact that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the Commission’s report had accordingly been sent out to all the Presidents of Tribunaux de Grande Instance;
Whereas the Committee of Ministers satisfied itself that on 28 July 1999, within the time-limit set, the government of the respondent state had paid the applicant the total sum of 40 000 French Francs as just satisfaction,
Declares, after having taken note of the measures taken by the Government of France, that it has exercised its functions under former Article 32 of the Convention in this case.
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