INTERIM resolution DH (2000) 16
HUMAN RIGHTS
APPLICATION No. 33656/96
LEMOINE DANIEL AGAINST FRANCE
(Adopted by the Committee of Ministers on 14 February 2000
at the 695th 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 22 April 1999 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 29 July 1996 by a French national, Mr Daniel Lemoine, against France;
Whereas on 17 June 1999 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, declared admissible by the Commission on 20 May 1998, the applicant complained of a breach of his right of access to a court to contest his discharge for reasons of physical incapacity and of the excessive length of certain proceedings concerning civil rights and obligations before the civil courts;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention as regards the right of access to a court and that there had been a violation of Article 6, paragraph 1, of the Convention as regards the excessive length of the proceedings;
Whereas at the 695th 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 14 February 2000, that there had been in this case a violation of Article 6, paragraph 1, of the Convention, as regards the right of access to a court and that there had been a violation of Article 6, paragraph 1, of the Convention as regards the excessive length of the proceedings,
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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