INTERIM RESOLUTION DH (97) 363

HUMAN RIGHTS

APPLICATION No. 27415/95

HACHEMI AND OTHERS AGAINST FRANCE

(Adopted by the Committee of Ministers on 11 July 1997

at the 597th 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 November 1996 by the European Commission of Human Rights, in accordance with Article 31 of the Convention, relating to the application lodged on 19 March 1995 by Mr M’Hamed Hachemi, Mr Bensouna Hachemi, Mr Hamed Hachemi, Mr Kamel Hachemi, Mrs Yamina Hachemi, spouse Setti, Mr Abdelkrim Hachemi, Mr Ghania Hachemi, Mr Smaïn Hachemi, Ms Razika Hachemi, Ms Nabila Hachemi and Ms Nadia Hachemi against France (Application No. 27415/95);

Whereas on 15 January 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 their application, declared admissible by the Commission on 26 June 1996, the applicants complained of the excessive length of certain criminal proceedings;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention as regards the first nine applicants and that there had been no violation of article 6, paragraph 1, of the Convention as regards the last two applicants;

Whereas at the 597th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, by a decision adopted on 11 July 1997, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraph 1, of the Convention as regards the first nine applicants and that there had been no violation of Article 6, paragraph 1, of the Convention as regards the last two applicants,

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.