INTERIM resolution DH () 382
HUMAN RIGHTS
APPLICATION No. 23050/93
ISCACHE AGAINST FRANCE
(Adopted by the Committee of Ministers on 12 November 1998
at the 647th 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 4 March 1998, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 15 November 1993 by a French national, Mr Jacques Iscache against France;
Whereas on 7 May 1998 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, as declared admissible by the Commission on 9 April 1997, the applicant complained of the absence of a rapid judgment regarding the lawfulness of his detention on remand, the absence of a right to compensation in this respect and a breach of his right to respect for his private life and correspondance;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 5, paragraph 4, of the Convention, that there had been a violation of Article 5, paragraph 5, of the Convention and that there had been a violation of Article 8 of the Convention;
Whereas, at the 647th 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 12 November 1998, that there had been in this case a violation of Article 5, paragraph 4, of the Convention, that there had been a violation of Article 5, paragraph 5, of the Convention and that there had been a violation of Article 8 of the Convention;
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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