Resolution ResDH (2002)39 concerning the judgment of the European Court of Human Rights of 21 December 1999 in the case of Demirtepe against France

(Adopted by the Committee of Ministers on … at the 792nd 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 final judgment of the European Court of Human Rights in the Demirtepe case delivered on 21 December 1999 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention; Recalling that the case originated in an application (No. 34821/97) against France, lodged with the European Commission of Human Rights on 22 January 1997 under former Article 25 of the Convention by Mr Bédirhan Demirtepe , a Turkish national, and that the Commission declared admissible the complaint that the opening, by the prison authorities, of several letters sent to him constituted a breach of his right to respect for his correspondence; Recalling that the case was brought before the Court by the government of the respondent state on 9 April 1999; Whereas in its judgment of 21 December 1999 the Court unanimously: - dismissed the Government’s preliminary objections; - held that there had been a violation of Article 8 of the Convention; - held that the government of the respondent state was to pay the applicant, within three months, 5 000 French francs in respect of non-pecuniary damage and 12 060 French francs in respect of costs and expenses and that simple interest at an annual rate of 3,47% would be payable on those sums from the expiry of the above-mentioned three months until settlement; - dismissed the remainder of the applicant’s claim for just satisfaction; 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 measures which had been taken in consequence of the judgment of 21 December 1999, having regard to France’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that a large extract of the Court’s judgment had been published in the Bulletin d’information de la Cour de Cassation dated 15 May 2001 and sent out to the authorities directly concerned; Having noted that on 29 March 2000, after expiry of the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 21 December 1999, and that the default interest due (24.32 French francs) was paid on 22 December 2000, Declares, after having taken note of the information supplied by the Government of France, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.