INTERIM RESOLUTION DH (98) 20

HUMAN RIGHTS

APPLICATION No. 26561/95

REBAI AND OTHERS AGAINST FRANCE

(Adopted by the Committee of Ministers on 18 February 1998

at the 618th 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 1997, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 16 January 1995 by Mr Hocine Rebai, Ms Hadba Rebai, Ms Rebeh Rebai, Ms Christiane Rebai, Mr Mohamed Rebai, Ms Louisa Rebai, Mr Ali Rebai, Ms Nadfia Rebai, Mr Omar Rebai, Ms Myriam Rebai and Mr Béchir Rebai against France (Application No. 26561/95);

Whereas on 30 July 1997 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 their application, as declared admissible by the Commission on 25 February 1997, the applicants complained of the excessive length of certain proceedings concerning civil rights and obligations before the administrative courts;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;

Whereas, at the 618th 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 agreeing with the opinion expressed by the Commission, held, by a decision adopted on 18 February 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.