RESOLUTION DH (97) 483
HUMAN RIGHTS
APPLICATION No. 19618/92
LEDRUT MADELEINE I 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 17 October 1995 by the European Commission of Human Rights, in accordance with Article 31 of the Convention, relating to the application lodged on 29 September 1990 by Ms Madeleine Ledrut against France (Application No. 19618/92);
Whereas on 29 November 1995 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 18 October 1994, the applicant complained of the excessive length of certain criminal proceedings combined with civil action for damage and of the lack of an effective remedy in that regard, and that her right to private life and home had been violated as well as that of peaceful enjoyment of possessions;
Whereas in its report the Commission held, unanimously, that there had been a violation of Article 6, paragraph 1, of the Convention; that no separate question arose under Article 13 of the Convention; that there had been a violation of Article 1 of Protocol No. 1; that no separate question arose under Article 8 of the Convention as regards the right to private life and that there had been no violation of Article 8 of the Convention as regards the right to respect for home;
Whereas, at the 564th 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 15 May 1996, that there had been in this case a violation of Article 6, paragraph 1, of the Convention and Article 1 of Protocol No. 1, and that there had been no violation of Article 8 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 15 November 1996;
Whereas, at the 582nd meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 28 January 1997, 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, the sum of 100 000 French francs in respect of material damage, the sum of 20 000 French francs for non-material damage and the sum of 24 500 French francs for costs and expenses, i.e. the total sum of 144 500 French francs 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 15 May 1996 and 28 January 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 France accordingly 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 was informed by letter of 21 April 1997 from the French Ministry of Foreign Affairs of the applicant's death, and was subsequently provided with a copy of a letter dated 27 August 1997 in which the heiress of the applicant indicated that she renounced her right to succession,
Declares, having taken note of the measures taken by the Government of France and the applicant's heiress's renunciation of succession, 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.
Full & Egal Universal Law Academy