INTERIM RESOLUTION DH (98) 160

HUMAN RIGHTS

APPLICATION No. 25846/94

T.B. AGAINST FRANCE

(Adopted by the Committee of Ministers on 11 June 1998

at the 633rd 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 3 December 1997 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 11 July 1994 by a Swiss national, Mr T.B., against France;

Whereas on 15 January 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 Article 48 of the Convention ;

Whereas in his application, as declared admissible by the Commission on 2 July 1997, the applicant complained of the excessive length of certain criminal proceedings combined with civil action for damages;

Whereas in its report the Commission expressed, by thirteen votes to two, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;

Whereas, at the 633rd 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 11 June 1998, that there had been in this case a violation of Article 6, paragraph 1, 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 Article 32 of the Convention with a view to adopting the final resolution.