S.M. AGAINST FRANCE

INTERIM RESOLUTION DH (97) 514

HUMAN RIGHTS
APPLICATION No. 25018/94
S.M. 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 26 February 1997, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 10 December 1993 by Mr S.M. against France (Application No. 25018/94);

    Whereas on 11 April 1997 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 15 May 1996, the applicant complained of the dismissal of an appeal by the Cour de cassation on the grounds that the applicant had submitted no pleadings, the applicant not having been informed either of any deadline to present his pleadings nor of the date of the hearing;

    Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6 of the Convention;

    Whereas, at the 605th 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 29 October 1997, that there had been in this case a violation of Article 6 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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