INTERIM RESOLUTION DH (98) 16
HUMAN RIGHTS
APPLICATION No. 26514/95
DELBEC ANNICK II AGAINST FRANCE
(Adopted by the Committee of Ministers on 18 February 1998
at the 618th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of 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 2 July 1997, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 8 December 1994 by Ms Annick Delbec against France (Application No. 26514/95);
Whereas on 4 August 1997 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, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;
Whereas in her application, as declared admissible by the Commission on 15 January 1997, the applicant complained of the conduct and the slowness of the judicial review relating to the lawfulness of her detention in a psychiatric hospital;
Whereas in its report the Commission expressed unanimously the opinion that there had been a violation of Article 5, paragraph 4, of the Convention, as regards the conduct of the judicial review, and that there had been a violation of this provision as regards the slowness of this review;
Whereas, at the 618th meeting of the Ministers’ Deputies the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreeing with the opinion expressed by the Commission, held, by a decision adopted on 18 February 1998, that there had been a violation of Article 5, paragraph 4, of the Convention, as regards the conduct of the judicial review and that there had been a violation of Article 5, paragraph 4, of the Convention, as regards the slowness of this review,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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