RESOLUTION DH (97) 394

HUMAN RIGHTS

APPLICATION No. 17734/91

G. AND M. L. AGAINST FRANCE

(Adopted by the Committee of Ministers on 17 September 1997

at the 599th 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 6 September 1995 by the European Commission of Human Rights, in accordance with Article 31 of the Convention, relating to the application lodged on 20 December 1990 by Mr G. and Ms M. L. against France (Application No. 17734/91) ;

Whereas on 7 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 their application, as declared admissible by the Commission on 29 June 1994, the applicants complained of the unlawful confinement of the first applicant to a mental hospital, the non-respect by a judge of the requirement to decide speedily upon the lawfulness of this confinement and the breach of their right to respect for their family life ;

Whereas in its report the Commission expressed, by twelve votes to one, the opinion that there had been a violation of Article 5, paragraph 1, of the Convention and, unanimously, that there had been a violation of Article 5, paragraph 4, of the Convention and no violation of Article 8 of the Convention ;

Whereas, at the 559th 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 22 March 1996, that there had been in this case a violation of Article 5, paragraphs 1 and 4, of the Convention and no 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 September 1996 ;

Whereas, at the 582nd meeting of the Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by a decision adopted on 28 January 1997, in accordance with Article 32, paragraph 2, of the Convention, that the Government of France was to pay the applicants as just satisfaction, within three months, 200 000 French francs in respect of non-pecuniary damage and 30 000 French francs in respect of costs and expenses, namely a total sum of 230 000 French francs and that interest should be payable on any unpaid sum 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 applicants ;

Whereas the Committee of Ministers invited the Government of France to inform it of the measures taken following its decisions of 22 March 1996 and 28 January 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 indicated 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 22 April 1997, within the time-limit set, the Government of France paid the applicants the total sum of 230 000 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.