Final Resolution ResDH(2002)111
Human Rights
Applications Nos. 28713/95 to 28720/95 and No. 30020/96
Juhel and others 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 (99) 129, adopted on 19 February 1999 in the case of Juhel and others against France, in which the Committee of Ministers decided that there had been violations of Article 6, paragraph 1, of the Convention on account of the lack of public hearings as well as of the lack of impartiality of the Regional Council of the Ordre des Médecins and of the disciplinary section of the National Council of the Medical Association, and to make public the report of the European Commission of Human Rights;
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 applicants, proposals supplemented by a letter of the President of the Commission dated 30 October 1999;
Whereas at the 704th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 10 April 2000, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay each applicant1 as just satisfaction, within three months, 12 350 French francs in respect of non-pecuniary damage, and 12 000 French francs in respect of costs and expenses, namely a total sum of 194 800 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 applicants;
Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 19 February 1999 and 10 April 2000, 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 recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, notably through the adoption of Decree No 93-181 which provides that hearings before a body of the Ordre des Médecins, when they concern a disciplinary matter, are held in public (see Resolution DH(97)352 in the case of Diennet against France) and also through the dissemination of a circular from the disciplinary section of the National Council of the Ordre des Médecins, dated 24 September 2001, to the Presidents and general Secretaries of the regional councils drawing their attention to the requirement of impartiality (see Resolution ResDH(2002)100 in the case of Gautrin and others against France), and 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 on 12 February 2001, after expiry of the time-limit set, the government of the respondent state had paid the applicants the total sum of 194 800 French francs as just satisfaction, and that the default interest due, that is 3 020,04 French francs, was paid on the same day,
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.
Note 1 The Commission noted that one of the applicant, Mr. Phillipe Allard, had died in the course of the proceedings and that no-one had expressed the wish to continue the procedure on his behalf. It therefore proposed that no just satisfaction be awarded in respect of this applicant.
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