On October 21st 2004, the district attorney of Nanterre issued a warrant for the arrest of Mr. Amar Abdelali in a drug trafficking investigation. On November 6th 2004, the police officers decided to charge him in absentia (art.134 of the code of penal procedure). On June 2nd 2005, the applicant was condemned in absentia to 9 years of prison.
On October 9th 2005, he was arrested and appealed the judgment. On February 2nd 2006, the tribunal of Nanterre dismissed the case on the ground that the accusation was based on illegal wiretapping of cell phones. But on November 23rd 2006 the appeal court of Versailles, found the motion to dismiss of the applicant inadmissible on the ground that suspects charged in absentia don’t enjoy the rights to file due process motions at their court hearing. On April 3rd 2007, the supreme court rejected the appeal of the applicant. On September 14th 2009, the applicant was sentenced to 6 years of prison.
On September 27th 2007, the applicant submitted his case to the European Court of Human Rights arguing that the refusal to hear his motion to dismiss was a violation of article 6-1 of the Convention. The applicant is represented by Me Yves Leberquier (Paris). On November 2nd 2009, the application was communicated to the agent of the French government with questions to be answered within 16 weeks.