RESOLUTION DH (98) 68
HUMAN RIGHTS
APPLICATION No. 24736/94
HAYAT AGAINST FRANCE
(Adopted by the Committee of Ministers on 22 April 1998
at the 626th 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 28 February 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 24 June 1994 by a French national, Mr Jean‑Charles Hayat, against France;
Whereas on 3 April 1996 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 his application, as declared admissible by the Commission on 18 October 1995, the applicant complained of the absence of public hearings in certain proceedings before the disciplinary bodies of the Medical Association’s National Council;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;
Whereas, at the 576th 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 agreed with the opinion expressed by the Commission, held, by a decision adopted on 15 November 1996, that there had been in this case a violation of 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 13 June 1997;
Whereas, at the 599th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held, by a decision adopted on 17 September 1997, in accordance with 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, 25 000 French francs in respect of all forms of damages taken together and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting (17 September 1997) on the general principles regarding the payment of default interest) 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 15 November 1996 and 17 September 1997, having regard to France’s obligation under 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 accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this case, notably through Decree No. 93-181 of 5 February 1993, which came into force on 1 June 1993, whereby hearings before a body of the Medical Association sitting to determine disciplinary charges are in principle held in public (see Resolution DH (97) 352 in the case of Diennet against France), and 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 30 October 1997, within the time-limit set, the Government of the respondent State paid the applicant the sum of 25 000 French francs as just satisfaction,
Declares, having taken note of the measures taken by the Government of France, that it has exercised its functions under Article 32 of the Convention in this case;
Authorises the publication of the report adopted by the Commission in this case.
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