INTERIM resolution DH (99) 129

HUMAN RIGHTS

APPLICATIONS Nos. 28713/95 to 28720/95 and 30020/96

JUHEL AND OTHERS AGAINST FRANCE

(Adopted by the Committee of Ministers on 19 February 1999 at the 659th 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 July 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention, relating to the applic a tions lodged on 6 January 1993 and on 7 January 1993 by French nationals Mr José Juhel, Mr Vladimir Cecerski, Mr Philippe Allard, Mr Jacques Moscoviz, Mr Bruno Thieblin, Mr Yves Juin, Mr Pierre Maurice, Mr Claude Fourcade and Mr Robert Huttman, against France;

Whereas on 25 August 1998 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 their applications, as declared admissible by the Commission on 10 September 1997, the applicants complained of the failure to hold public hearings and the absence of impartiality of the Regional Council of the Medical Association and of the disciplinary section of the National Council of the Medical Association;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention as regards the failure to hold public hearings and that there had been a violation of Article 6, paragraph 1, of the Convention as regards the absence of impartiality of the Regional Council of the Medical Association and of the disciplinary section of the National Council of the Medical Association;

Whereas at the 659th 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 19 February 1999, that there had been in this case a violation of Article 6, par a graph 1, of the Convention as regards the failure to hold public hearings and that there had been a violation of Article 6, paragraph 1, of the Convention as regards the absence of impartiality of the Regional Council of the Medical Association and of the disciplinary section of the National Council of the Medical Association,

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 Convention with a view to adopting the final resolution.