RESOLUTION DH (97) 125

HUMAN RIGHTS

APPLICATION No. 15022/89

LE BRETON AGAINST FRANCE

(Adopted by the Committee of Ministers on 28 January 1997

at the 582nd 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 2 December 1992 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 31 August 1988 by Mr Raymond Le Breton and Ms Alice Le Breton against France (Application No. 15022/89) ;

Whereas on 16 February 1993 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 1 April 1992 (final decision on the admissibility), the applicants complained of the excessive length of certain criminal proceedings combined with civil action for damages ;

Whereas in its report the Commission expressed, by seven votes to three, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention ;

Whereas at the 495th meeting of the Ministers' Deputies held on 11 June 1993, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, 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 ;

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 applicants, proposals supplemented by a letter of the President of the Commission dated 9 December 1994 ;

Whereas at the 527th meeting of the Deputies held on 7 February 1995, the Committee of Ministers decided, 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, 30 000 French francs in respect of non-pecuniary damage ;

Whereas the Committee of Ministers invited the Government of France to inform it of the measures taken following its decisions of 11 June 1993 and 7 February 1995, 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 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 4 April 1996, the Government of France paid the applicants the total sum of 30 000 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) 125

Information provided by the Government of France

during the examination of the case of Le Breton

by the Committee of Ministers

The report of the Commission has been distributed to the competent courts, according to a practice established by the Government of France in similar cases. The government is of the opinion that this practice will prevent any repetition of violations similar to that found in the present case.