RESOLUTION DH (97) 395

APPLICATION No. 18752/91

G. N. I 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 5 April 1995 by the European Commission of Human Rights, in accordance with Article 31 of the Convention, relating to the application lodged on 21 May 1991 by Mr G. N. against France (Application No. 18752/91);

Whereas on 16 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 in pursuance of Article 48 of the Convention;

Whereas in his application, declared admissible by the Commission on 12 October 1994, the applicant complained of the fact that the Court of Cassation had rejected his appeal without giving him the possibility of submitting a memorial, as he had not been made aware of the deadline fixed; he also complained of the lack of an effective remedy;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6 of the Convention and that it was not necessary to examine whether or not there had been a violation of Articles 13 of the Convention and 2, paragraph 1, of Protocol No. 7;

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 agreed with the opinion expressed by the Commission, held, by decision adopted on 19 October 1995, that there had been in this case a violation of Article 6 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 12 July 1996;

Whereas, at the 582nd meeting of the Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by 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 applicant as just satisfaction, within three months, 50 000 French francs in respect of non-pecuniary damage 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 applicant;

Whereas the Committee of Ministers invited the Government of France to inform it of the measures taken following its decisions of 19 October 1995 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 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 21 March 1997, within the time-limit set, the Government of France paid the applicant the sum of 50 000 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) 395

Information provided by the Government of France

during the examination of the case of G. N. I

by the Committee of Ministers

Law no. 93-1013 of 24 August 1993, which came into force on 2 September 1993, introduced Article 585-1 into the Code of Criminal Procedure, the first paragraph of which provides:

"Save where the President of the Criminal Division decides otherwise, a convicted appellant shall lodge his pleading with the registry of the Court of Cassation no later than one month from the date of the notice of appeal."

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

The Government is of the opinion that these 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 of the Convention on this point.