INTERIM RESOLUTION DH (97) 411

HUMAN RIGHTS

APPLICATION No. 23298/94

GILBORSON 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 14 January 1997 by the European Commission of Human Rights, in accordance with Article 31 of the Convention, relating to the application lodged on 27 December 1993 by Ms Mary Gilborson against France (Application No. 23298/94);

Whereas on 20 February 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 her application, declared admissible by the Commission on 9 April 1996, the applicant complained of the lack of effective appeal before a court to decide on the lawfulness of her detention in respect of imprisonment for debt;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 5, paragraph 4, of the Convention;

Whereas, at the 599th 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 17 September 1997, that there had been in this case a violation of Article 5, paragraph 4, 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.