resolution DH (99) 457

HUMAN RIGHTS

APPLICATION No. 22987/93

VALENTIJN 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 11 April 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 25 September  1993 by a Dutch national, Mr Antonius Valentijn, against France;

Whereas on 15 May 1996 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 his application, as declared admissible by the Commission on 28 June 1995, the applicant complained of the opening by the prison authorities of letters from the Secretariat of the Commission;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 8 of the Co n vention;

Whereas at the 576th 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 15 November 1996, 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 applicant, proposals supplemented by a letter of the President of the Commission dated 7 November 1997;

Whereas at the 626th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 22 April 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 satisfa c tion, within three months, 6 750 French francs in respect of damage 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 15 November 1996 and 22 April 1998, 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 avoid new violations of the same kind as that found in this case, in particular through a new note, dated 20 June 1994, to all prison directors, which specified that detainees' correspondence with the European Commission for Human Rights, whatever the organ, should remain unopened (see Resolution DH (97) 482 in the case of A.B.), and indicated that the Commission’s report had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that the Gover n ment of the respondent State paid the applicant the total sum of 6 750 French francs as just satisfaction, as well as the 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;

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