RESOLUTION DH (98) 7

HUMAN RIGHTS

APPLICATION No. 19946/92

HAAS 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 5 April 1995, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 26 February 1992 by Mr Emile Haas against France (Application No. 19946/92);

Whereas on 10 May 1995 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, the Committee of Ministers is therefore now called upon to take a decision in accordance with Article 32 of the Convention;

Whereas in his application, as declared admissible by the Commission on 2 December 1994, the applicant complained of the refusal to allow his family to visit him in prison and of the lack of remedy against this refusal;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 8 and of Article 13 of the Convention;

Whereas, at the 546th 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 13 October 1995, that there had been in this case a violation of Article 8 and of Article 13 of the Convention;

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 on 6 March 1996;

Whereas, at the 597th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held, by a decision adopted on 11 July 1997, in accordance with Article 32, paragraph 2, of the Convention, that the Government of France was to pay the applicant as just satisfaction, within three months, the sum of 7 000 French francs in respect of non-material damage and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting (17 September 1997) on the general principles regarding the payment of dafault interest) 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 France to inform it of the measures taken following its decision of 13 October 1995 and 11 July 1997, 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 France accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this case, through notably the adoption of the law No. 93-2 of 4 January 1993 which specifies the conditions under which authorisation to communicate ( permis de communiquer ), is granted by the investigating judge to persons kept in detention on remand and which provides for the possibility of appeal against the refusal to grant such an authorisation (see Resolution DH (97) 5), and that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 25 August 1997, within the time-limit set, the Government of France paid the applicant the total sum of 7 000 French francs as just satisfaction;

Declares, having taken note of the measures taken by the Government of France, that it has exercised its functions under Article 32 of the Convention in this case;

Authorises the publication of the report adopted by the Commission in this case.