Final Resolution ResDH (2002)38 Human Rights Application No. 23132/93 Alcade and Pedrosa against France

(Adopted by the Committee of Ministers on 30 April 2002 at the 792nd meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”), Having regard to Interim Resolution DH (97) 511, adopted on 29 October 1997 in the case of Alcade and Pedrosa against France, in which the Committee of Ministers decided to make public the report of the European Commission of Human Rights and that there had been a violation of Article 6 of the Convention on account of the dismissal of their appeal before the Court of cassation on the ground that they had submitted no pleadings, the applicants not having been informed of any deadline for presenting their pleadings nor of the date of the hearing; 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 applicants, proposals supplemented by a letter from the Special Committee dated 9 April 2001; Whereas at the 757th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 26 June 2001, in accordance with former Article 32, paragraph 2, of the Convention, that no sum of money was to be paid to the applicants as just satisfaction, since they had presented their claim after expiry of the time-limit; Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 29 October 1997 and 26 June 2001, having regard to France’s obligation under former Article 32, paragraph 4, of the Convention to abide by them; Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, through the adoption of Law No. 93-1013 of 24 August 1993 which introduced Article 585-1 into the Code of Criminal Procedure providing that a convicted appellant shall lodge his pleading with the registry of the Court of Cassation no later than one month from the date of the notice of appeal (see Resolution DH (97) 395 in the case of G.N. I against France), and indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned, Declares, after having taken note of the measures taken by the Government of France, that it has exercised its functions under former Article 32 of the Convention in this case.