resolution DH (99) 527

HUMAN RIGHTS

APPLICATION No. 18163/91

M.B. AND M.T. AGAINST FRANCE

(Adopted by the Committee of Ministers on 15 July 1999 at the 677th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of H u man Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 29 June 1994 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 24 April 1991 by an Algerian  national and a French national, M. M.B. and Ms M.T. against France;

Whereas on 10 August 1994 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 Art i cle 48 of the Co n vention;

Whereas in their application, as declared admissible by the Commission on 31 March 1993, the applicants complained of a breach of their right to respect for their private life in this respect having been subjected to telephone tapping, and of the absence of an effective remedy in this respect;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 8 of the Convention and that it was not necessary also to examine the complaints under Article 13 and 6 of the Convention ;

Whereas at the 522nd 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 a decision adopted on 5 December 1994 that there had been in this case a violation of Article 8 of the Convention;

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 of the President of the Commission dated 7 July 1995;

Whereas at the 677th meeting of the Deputies, the Committee of Ministers, held by a decision adopted on 15 July 1999, in accordance with Article 32, paragraph 2, of the Convention, that no sum of money was to be paid to the applicants as just satisfaction, since the applicants had waived their right to just satisfaction;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decision of 5 December 1994, having regard to France's obligation under Art i cle 32, paragraph 4, of the Conve n tion to abide by them;

Whereas, during the examination of the case by the Committee of Ministers, the Government of the respondent State accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this case, through the Act of 10 July 1991 concerning the secrecy of correspondence transmitted through telecommunications which has provided a legal basis for telephone-tapping (see Resolution DH (92) 40 adopted in the case of Huvig against France) and indicated that the Commission's report 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 fun c tions under Article 32 of the Convention in this case;

Authorises the publication of the report adopted by the Commission in this case.