RESOLUTION DH (97) 482

HUMAN RIGHTS APPLICATION No. 22135/93 A. B. AGAINST FRANCE

(Adopted by the Committee of Ministers on 29 October 1997 at the 605th 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 18 October 1995, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 26 April 1993 by Mr A. B. against France (Application No. 22135/93);

Whereas on 28 November 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 in pursuance of Article 48 of the Convention;

Whereas in his application, as declared admissible by the Commission on 30 November 1994, the applicant complained of the opening, by the prison authorities, of correspondence sent to him by the Secretariat of the European Commission of Human Rights;

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

Whereas, at the 564th 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 decision adopted on 15 May 1996, that there had been in this case a violation of Article 8 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 25 April 1997;

Whereas, at the 597th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by 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, 7 000 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 (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 default 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 decisions of 15 May 1996 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 gave the Committee information about the measures taken in consequence of the Committee's decisions, which information appears in the appendix to this resolution;

Whereas the Committee of Ministers satisfied itself that on 8 September 1997, within the time-limit set, the Government of France paid the applicant the 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.

Appendix to Resolution DH (97) 482

Information provided by the Government of France

during the examination of the case of A. B.

by the Committee of Ministers

Following the introduction of the present application, the Government of France sent a note, dated 20 June 1994, to all prison directors specifying that detainees' correspondence with the European Commission of Human Rights, whatever the organ (ie., the president, a member or the Secretariat) should remain unopened.

Moreover, the Commission's report as well as the Committee of Ministers' decisions in this case have been sent out to the prison authorities concerned, according to a practice established by the Government of France in similar cases.

The Government is of the opinion that theses measures will prevent the repetition of the kind of violation found in the present case and considers accordingly that it has fulfilled its obligations under Article 32 if the Convention on this point.