J-P. V.C. AGAINST FRANCE

RESOLUTION DH (97) 480

HUMAN RIGHTS
APPLICATION No. 18121/91
J-P. V.C. AGAINST FRANCE

(Adopted by the Committee of Ministers on 29 October 1997
at the 605th 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 18 May 1994, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 22 January 1991 by Mr J-P. V.C. against France (Application No. 18121/91);

    Whereas on 12 July 1994 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 31 March 1993, the applicant complained of the length of a detention on remand and of the interception and the recording of his telephone conversations;

    Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 5, paragraph 3, and a violation of Article 8 of the Convention;

    Whereas, at the 520th 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 decision adopted on 17 November 1994, that there had been in this case a violation of Article 5, paragraph 3, of the Convention and a violation of Article 5, paragraph 3, 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 3 March 1995;

    Whereas, at the 564th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 15 May 1996, in accordance with Article 32, paragraph 2, of the Convention, that the Government of France was to pay the applicant as just satisfaction, within three months, 22 500 French francs in respect of non-pecuniary damage and 37 343,54 French francs in respect of costs and expenses, namely a total sum of 59 843,54 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 France to inform it of the measures taken following its decisions of 17 November 1994 and 15 May 1996, 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 France accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this case, through notably the adoption of the Act of 10 July 1991 concerning the secrecy of telecommunications (see resolutions DH (92) 40, Huvig against France and DH (92) 41, Kruslin 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 the Government of France paid the applicant the total sum of 59 843,54 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 decisions of the Committee of Ministers concerning the modalities of default interest payment,

    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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