Final resolution DH (99) 690

HUMAN RIGHTS

APPLICATION No. 23298/94

GILBORSON AGAINST FRANCE

(Adopted by the Committee of Ministers on 3 December 1999 at the 688th 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 Interim Resolution DH (97) 411, adopted on 17 September 1997 in the case of Gilborson against France, in which the Committee of Ministers decided that there had been in this case a violation of Article 5, paragraph 4, of the Convention, due to the absence of an effective remedy enabling her to challenge the lawfulness of her imprisonment for debt, and decided to make public the report of the European Commission of Human Rights;

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 applicant, proposals supplemented by a letter of the President of the Commission dated 23 June 1998;

Whereas at the 640th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 25 September 1998, in accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 25 000 French francs in respect of non-pecuniary damage and 33 000 French francs in respect of costs and expenses, namely a total sum of 58 000 French francs, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 17 September 1997 and 25 September 1998, having regard to France’s obligation under 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 the one found in this case, notably through a clarification of the texts by the case-law reaffirming the applicability of ordinary law remedies to imprisonment for debt and specifying the extent of the powers devolved to the urgent applications judge (see Resolution DH (99) 446 adopted in the case of Desborough 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;

Whereas the Committee of Ministers satisfied itself that on 23 March 1999 the Government of the respondent State had paid the applicant the total sum of 58 000 French francs as just satisfaction and on 23 August 1999 the sum of 320,35 French francs as default interest due,

Declares, after having taken note of the measures taken by the Government of France, that it has exercised its fun c tions under Article 32 of the Convention in this case.