Final resolution DH (99) 453
HUMAN RIGHTS
APPLICATION No. 29231/95
LESTIENNE GÉRARD AND ROLANDE II AGAINST FRANCE
(Adopted by the Committee of Ministers on 15 July 1999
at the 677th 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 Interim Resolution DH (98) 98, adopted on 22 April 1998 in the case of Lestienne Gérard and Rolande II against France, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention 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 18 May 1998;
Whereas at the 637th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 10 July 1998, in accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay each applicant as just satisfaction, within three months, 22 500 French francs in respect of non-pecuniary damage, namely a total sum of 45 000 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 22 April 1998 and 10 July 1998, 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 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 the Government of the respondent State had paid the applicants the sum of 45 000 French francs as just satisfaction on 26 November 1998, and then 124.70 French francs in respect of the default interest due, namely a total sum of 45 124.70 French francs,
Declares, after 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.
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