INTERIM RESOLUTION DH (97) 475

HUMAN RIGHTS APPLICATION No. 19033/91 HAKKAR 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 27 June 1995 by the European Commission of Human Rights, in accordance with Article 31 of the Convention, relating to the application lodged on 14 June 1991 by Mr Abdelhamid Hakkar against France (Application No. 19033/91);

Whereas on 11 August 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 31 August 1994, the applicant complained about the excessive length of certain criminal proceedings, the absence of adequate time and facilities for the preparation of his defence and about the non-respect of his right to legal assistance of his own choice before the "Cour d'Assises";

Whereas in its report the Commission expressed, unanimously, the opinion that there had been in this case a violation of Article 6, paragraph 1 of the Convention and Article 6, paragraph 3 b) and c) combined with Article 6, paragraph 1 of the Convention;

Whereas, at the 553rd 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 December 1995, that there had been in this case a violation of Article 6, paragraph 1 of the Convention and Article 6, paragraph 3 b) and c) combined with 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.