The Committee of Ministers, under the terms of Article 32 (art. 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 by the European Commission of Human
Rights in accordance with Article 31 (art. 31) of the Convention relating to the
application lodged on
5 January 1989 by Ms Dominique Mathieu against France
(Application No. 15483/89);
Whereas on 10 August 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 (art. 32-1), of the Convention has elapsed without
the case having been brought before the European Court of Human Rights in
pursuance of Article 48 (art. 48) of the Convention;
Whereas in her application, declared admissible by the Commission on 1
December 1993 (final decision as to the admissibility), the applicant complained
of the excessive length of certain civil proceedings;
Whereas in its report adopted on 29 June 1994 the Commission expressed, by
twelve votes to one, the opinion that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 522nd meeting of the Ministers' Deputies held on 6
December 1994, the Committee of Ministers, agreeing with the opinion expressed
by the Commission, held, having voted in accordance with the provisions of
Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a violation of
Article 6, paragraph 1 (art. 6-1), 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 7 July 1995;
Whereas, at the 542nd meeting of the Deputies held
on 7 September 1995, the Committee of Ministers decided, in accordance with
Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of
France was to pay the applicant as just satisfaction, within three months, 40
000 French francs in respect of non-pecuniary damage and 8 402 French francs in
respect of costs incurred before the Cour de Cassation and the Commission,
namely a total sum of 48 402 French francs;
Whereas the Committee of Ministers invited the Government of France to
inform it of the measures taken following its decisions of 6 December 1994 and 7
September 1995, having regard to France's obligation under Article 32, paragraph
4 (art. 32-4), of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers
the Government of France provided the Committee with information about the
measures taken in consequence of the Committee's decisions, which information
appears in the appendix to this resolution;
Whereas the Committee of Ministers satisfied itself that
on 27 February 1996 the Government of France paid the applicant the total sum of
48 402 French francs as just satisfaction,
Declares, having taken note of the measures taken by the Government of
France, that it has exercised its functions under Article 32 (art. 32) of the
Convention in this case;
Authorises the publication of the report adopted by the Commission in this
case.
Appendix to Resolution DH (96) 258
Information provided by the Government of France
during the examination of the case of Mathieu
by the Committee of Ministers
The report of the Commission has been distributed to the competent courts,
according to a practice established by the Government of France in similar
cases. The government is of the opinion that this practice will prevent any
repetition of violations similar to that found in the present case.
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