resolution DH (99) 29

HUMAN RIGHTS

APPLICATION No. 28044/95

LEMERCIER AGAINST FRANCE

(Adopted by the Committee of Ministers on 18 January 1999 at the 654th 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 16 April 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 10 February 1994 by a French national, Mr Michel Lemercier, against France;

Whereas on 8 June 1998 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 9 April 1997, the applicant complained of the excessive length of his detention on remand;

Whereas in its report the Commission expressed, by nine votes to six, the opinion that there had been no violation of Article 5, paragraph 3, of the Co n vention;

Whereas at the 654th 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 18 January 1999, that there had been in this case no violation of Article 5, par a graph 3, of the Convention,

Declares, 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.