Final resolution DH ( ) 361

HUMAN RIGHTS

APPLICATION No. 26726/95

SASS AGAINST FRANCE

(Adopted by the Committee of Ministers on 12 November 1998

at the 647th 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 Interim Resolution DH (97) 523, adopted on 29 October 1997 in the case of Sass against France, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and to make public the report of the European Commission of Human Rights;

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 618th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission's proposals, held by a decision adopted on 18 February 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 satisfaction, within three months, 25 000 French francs in respect of non-pecuniary 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  29 October 1997 and 18 February 1998, having regard to France’s obligation under Article 32, paragraph 4 of the Convention to abide by them;

Whereas, during the examination of the case by the Committee of Ministers, the government of the respondent State accordingly gave the Committee information about the measures taken in consequence of the Committee's decisions; this information a p pears in the appendix to this resol u tion;

Whereas the Committee of Ministers satisfied itself that on 13 May 1997, within the time-limit set, the government of the respondent State had paid the applicant the total sum of 25 000 French francs as just satisfaction,

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.

Appendix to Resolution DH (98) 361

Information provided by the Government of France during the examination of the Sass case by the Committee of Ministers

The backlog of cases pending before the Special Pensions Appeals Commission ( Commission spéciale de cassation des pensions) has been considerably reduced thanks to a change in the commission’s working methods, which has led to a significant increase in productivity.

Thus, these last years, the Commission spéciale de cassation des pensions has judged more cases than it has registered new ones. In 1997 the number of new cases registered amounted to 378, the number of cases judged amounted to 439. On 31 December 1997, the number of pending cases was 385, which corresponds to a roll which can be considered as the minimum possible in the light of the volume of cases and the time normally needed to examine them. These results have been obtained despite a slight increase in the number of cases and thus provide a clear indication of the commission’s efficiency.

The Commission's report, as well as the Committee of Ministers' decisions, had also been sent out to the authorities directly concerned;

The Government consider that these measures will make it possible to prevent new violations and that it has consequently fullfilled its obligations under Article 32 of the Convention.