INTERIM resolution DH (99) 355

HUMAN RIGHTS

APPLICATION No. 27019/95

SLIMANE-KAÏD AGAINST FRANCE

(Adopted by the Committee of Ministers on 9 June 1999 at the 672nd 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 the report drawn up on 1 December 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 12 December 1994 by a French national, Mr Mohamed Slimane-Kaïd, against France;

Whereas on 12 January 1999 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, par a graph 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 Convention;

Whereas in his application, as declared admissible by the Commission on 8 December 1997, the applicant complained of the opening of his letters by the prison authorities;

Whereas in its report the Commission expressed, by twenty-five votes to one, the opinion that t here had been a violation of Article 8 of the Convention, in respect of the opening of the correspondence sent to the applicant by his lawyers; unanimously, that there had been a violation of Article 8, of the Convention in respect of the opening of a letter sent to the applicant by the Secretariat of the Commission, and unanimously, that there had been no hindering of the applicant’s effective right of individual petition as guaranteed by Article 25, paragraph 1, in fine of the Convention;

Whereas at the 672nd 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 9 June 1999, that there had been in this case a violation of Article 8 of the Convention, in respect of the opening of the correspondence sent to the applicant by his lawyers, that there had been a violation of Article 8, of the Convention in respect of the opening of a letter sent to the applicant by the Secretariat of the Commission, and that there had been no hindering of the applicant’s effective right of individual petition as guaranteed by Article 25, paragraph 1, in fine of the Convention;

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

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Co n vention with a view to adopting the final resolution.