Interim Resolution ResDH(2005 ) 1

concerning the judgment of the European Court of Human Rights of 30 January 2001 (final on 5 September 2001 ) in the case of Vaudelle against France

(Adopted by the Comm ittee of Ministers on 7 February 2005 at the 914 th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Vaudelle case ( No. 35683/97 ), delivered on 30 January 2001 , in which the Court held in particular that there had been a violation of Article 6 of the Convention, due to the in equity of criminal proceedings brought against the applicant, who was under supervisory guardianship ( curatelle ) , in that , although he was not f ully capable of acting for himself on account of his mental disabilities , he was not given assist ance to defend himself against the criminal charge s in question ;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 30 January 2001 , having regard to France ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Recalling that the obligation for all member states to abide by the judgments of the Court (Article 46, paragraph 1, of the Convention) includes, inter alia , the obligation promptly to adopt general measures effectively to prevent new violations similar to those found in the Court ' s judgments;

Recalling that it emerges from the Court ' s judgment that , in French positive law, there is no obligation for the criminal courts to adopt measures in order to take account of the incapacity of a person in the applicant ' s situation;

Noting that the g overnment of the respondent state submitted to the Committee of Ministers information on the prompt publication of the Judgment in several high circulation law journals , which, in the light of the direct effect that the competent French courts give to the Convention and to the Court ' s case-law, minimis ed the possibili ties of new , similar violation s ;

Noting with great interest that the Ministry of Justice is preparing a bill on the protection of vulnerable persons having attained their majority, notably providing for the systematical grant of an assistance to such vulnerable persons to defend themselves against criminal charges brought against them, and this bill should be submitted to Parliament in 2005;

Declares , after having taken note of the information supplied by the Government of France, that it has provisionally exercised its functions under Article 46 , paragraph 2, of the Convention in this case,

Decides to resume consideration of this case as far as general measures are concerned once the legislative reforms have been carried out, or at the latest at its first meeting in 200 6 .