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On September 28th 2005, Mr. M.K was arrested in a theft investigation. During his police custody, he was fingerprinted and photographed. At an unspecified date, his personal data was stored on the police database FAED along with his name, his father’s name, his mother’s name, his date and place of birth, and the offence investigated (art.4 of executive order 87-249).
On February 2nd 2006, the prosecutor of the district of Paris decided not to charge the applicant. On May 31st 2006, the prosecutor rejected the applicant’s request to have his private data deleted from the police database FAED (art.7-1 of executive order 87-249). On August 26th 2006, a judge of the tribunal of Paris ruled without any hearing that the private data of the applicant should be kept on the police database FAED. On December 21st 2006, a senior judge of the appeal court of Paris ruled without any hearing that the private data of the applicant shouldn’t be deleted on the ground that he was a suspect in an investigation, and that the decision not to charge him was not a ground for deletion.
On October 1st 2008, the French supreme court (Cour de cassation) rejected his appeal (07-87231).
On February 28th 2009, Mr. M.K filed an application with the ECHR on the ground that the refusal to delete his private data from the police database FAED is a violation of article 8 of the Convention. He added that the absence of hearings on the matter and the non adversarial procedure are violations of article 6-1.
On March 8th 2011, the application was communicated to the agent of the French Republic. On April 18th 2013, the 5th section of the ECHR found a violation of article 8 of the Convention on the ground that the storage of the private data of an innocent citizen on the police database for 25 years wasn’t “necessary in a democratic society“(45-46). It added that the judicial process to have the private data deleted was a “deceptive guarantee” (44). The 5th section also ruled the allegations of violation of article 6-1 to be inadmissible.
The applicant was represented by Me Christophe Meyer (Strasbourg).
On December 23rd 2008, Mr. I.M was arrested for “unlawful entry” and for “using forged documents” at the railway station of Cerbère in France. During his police custody, his claim for asylum was not recorded by the police officer. He was then detained awaiting trial. On December 26th 2008, he was condemned in a “fast track” trial to one month in jail for “unlawful entry” (art.L621-1 of the code of migration and asylum) despite article 31-1 of the Geneva Convention of 1951. During his detention, another claim for asylum was not recorded.
On January 7th 2009, the local prefect ordered the deportation of Mr. I.M to Sudan. On January 12th 2009, the appeal against his deportation order was rejected by an administrative judge of the administrative tribunal of Montpellier.
On January 16th 2009, he was detained at the immigration detention center of Perpignan awaiting his deportation to Sudan. On January 22th 2009, his claim for asylum was recorded by OFPRA and classified automatically “fast track” (art.L723-1 of the code of migration and asylum). On January 30th 2009, he was interviewed by a case worker of OFPRA and his application was denied the same day. Mr. I.M appealed the decision to the court (CNDA). Nevertheless, on February 11th 2009, Mr. I.M was brought by French police officers to the consulate of Sudan to obtain travel document for his deportation.
On February 16th 2009, Mr. I.M filed an application with the ECHR on the ground that his deportation to Sudan will be a violation of article 3 of the Convention and that the lack of effective remedy a violation of article 13. The same day, the president of the 5th section requested the French Republic to suspend the deportation of the applicant pending a decision of the ECHR (Rule 39). On May 12th 2009, the application was communicated to the agent of the French Republic with questions to be answered within 16 weeks. On December 14th 2010, the application was found admissible. On May 17th 2011, the Court held a public hearing . UNHCR submitted 2 briefs “amicus curiae” (2009, 2011) and intervened during public hearing.
On February 2nd 2012, the 5th section of the ECHR ruled that the allegation of violation of article 3 was inadmissible on the ground that on October 14th 2010 the court (CNDA) granted the applicant refugee status (art.35-3-a). The Court found a violation of articles 13 and 3 of the Convention because the applicant received an unsatisfying legal and interpreting assistance from the duty lawyer (§155) and from the on site NGO Cimade (§145). The Court added that for detained asylum seekers, the automatic classification of their cases as “fast track“, the difficultly to gather evidence, and the shorter delays to claim asylum (5 days) and to appeal their deportation orders (48h) limited severely their access to domestic remedies.
The judgment ordered the French Republic to pay €0 in damages and €4,746.25 in legal fees to the applicant. He was represented by Me Gabriele Summerfield (Perpignan).
On January 23rd 2009, Ms. Kanagaratnam and her 3 minor children M. , G., A. claimed asylum at the passport control of the airport of Brussels (art.50ter law December 15th 1980). They were refused entry and ordered to be deported (art. 52/3 §2) because they claimed asylum without possessing a valid passport and visa (art. 2 §2). An order for their detention in the immigration center “127 bis” (Steenokkerzeel) for 2 months was taken (art. 74/5 §1 2o) because they claimed asylum without possessing a valid passport and visa.
The immigration detention center “127 bis” (Steenokkerzeel) was visited by the CPT (1997 visit report, 2005 visit report), by the Commissioner for Human Rights (2008 visit report CommDH(2009)14) and by the LIBE commission of the European Parliament (2007 visit report see below).
On March 17th 2009, the court CCE (Conseil de contentieux des étrangers) rejected their appeal of the denial of their asylum applications by the Commissioner general for refugees and stateless persons (CGRA) on February 23rd 2009. On March 20th 2009, the police attempted to deport them to the Democratic Republic of Congo.
On March 20th 2009, Ms. Kanagaratnam and her 3 children filed an application with the ECHR on the ground that their deportation to Sri Lanka via DRC will be a violation of article 3 of the Convention. They added that their detention was a violation of article 3 and 5-1-f) of the Convention. The Court requested the suspension of the deportation order (Rules art.39). On the same day, an order of detention of the family for 2 months was taken on the basis that they refused to board the plane to DRC.
On March 23rd 2009, the family filed a 2nd asylum claim. Immediately, another order of detention was taken for 2 months (art. 74/5 §1 2o). During their whole detention, the family made 2 requests to be released (art. 71§2) which were both denied by the appeal court of Brussels. The 2 appeals to the supreme court were also rejected. On May 4th 2009, the family was released by administrative decision. On September 2nd 2009, the family was granted refugee status by administrative decision of the Commissioner general for refugees and stateless persons (CGRA).
On November 25th 2009, the application was communicated to the agent of the Kingdom of Belgium with questions to be answered within 16 weeks. On December 13th 2011, the 2nd section of the Court found a violation of articles 3 and 5-1 for the 3 children on the ground that the immigration center “127 bis” was not tailored for their detention (Judgment Muskhadzhiyeva v. Belgium (41442/07) §63 and §75). It also found that the detention of Ms. Kanagaratnam from March 23rd 2009 to May 4th 2009 was “arbitrary” in violation of article 5-1 because of the length of her detention in a facility not tailored for families. The Court awarded the applicants €46,650 in moral damages and €4,000 in legal fees. The applicants were represented by Me Zouhaier Chihaoui (Brussels).
Mr. Tristan Wibault of the NGO Belgium Committee to Help Refugees (Comité Belge d’Aide aux Réfugiés) found the judgment to be a positive development of the case-law regarding the detention of asylum seekers.
In 1988, the association Rhino was formed to protect the housing rights of its members who were occupying 3 empty buildings in Geneva. Due to the shortage of affordable housing, the canton of Geneva has an administrative practice to evict unauthorized occupants of empty buildings only if the owners have a building or renovating permit. From 1992 to 2002, the owners entered into negotiation with the association Rhino and its members but failed to reach an agreement on the amount of the rent or the sale price of the building.
On April 4th 2005, the owners filed a request to dissolve the association Rhino at the tribunal of Geneva. On February 9th 2006, the tribunal ordered the dissolution under article 78 of the civil code on the ground that the objective of the association was unlawful. On December 15th 2006, the appeal court of Geneva confirmed the dissolution of Rhino and the seizure of its assets. On May 10th 2007, the federal tribunal rejected the appeal of Rhino (5C.36/2007 and 5P.34/2007). On June 26th 2007, the tribunal of Geneva froze the bank accounts of Rhino and requested the lawyers of Rhino to reimburse their fees to the canton of Geneva under article 57 of the civil code. On July 23rd 2007, the police evicted the occupants of Rhino.
On November 6th 2007, the members of Rhino and Rhino filed an application with the ECHR arguing that the dissolution of the association Rhino was a violation of article 11 of the Convention. On November 24th 2009, the Court communicated the application to the agent of the Swiss confederation which replied with his observations received on March 30th 2010. On May 12th 2010 the applicants submitted their observations.
On October 11th 2011, the 2nd section of the Court found a violation of article 11 of the Convention on the ground that the dissolution was disproportionate and not “necessary in a democratic society“. It awarded the applicants €65,651 for material damages and €21,949 for legal fees. The applicants were represented by Me Pierre Bayenet and Me Nils de Dardel both lawyers in Geneva. Me Pierre Bayenet is “satisfied” with the judgment who confirmed the right of citizens irrespective of their legal situation, “to organize in association to defend their rights“.
On March 10th 1999, Mr Portmann was arrested in a house in Urnäsch as a suspect in an investigation on a bank robbery. Unnamed Swiss police officers handcuffed his hands in his back, shackled his feet, and placed a hood on his entire head.
The suspect was transported, handcuffed, shackled and hooded to the police station of Herisau where he was interrogated in the same condition by an investigative judge. He exercised his right to remain silent during the interrogation and the investigative judge ordered his detention. Then masked police officers removed his hood and requested him to sign a transcript of the interrogation. Upon his refusal, they placed the hood again on his head. He was detained in a basement cell before being transported to the police station of Trugen. There police officers removed his handcuff, shackle and hood.
On April 4th 2006, the applicant press charges by filing a complain to an investigative judge. On May 3rd 2006, the investigative judge closed the investigation on the ground that hooding was “standard police protocol” for suspects considered “dangerous” by police. No witness were interviewed in the investigation. On July 24th 2006, the prosecutor rejected the appeal of the applicant on the ground that hooding was necessary to keep “the anonymity of the police officers“. He refused to examine the allegation of violation of article 3 of the Convention and to award legal aid to the applicant.
On September 8th 2006, the federal tribunal (case 1P.469/2006) rejected his appeal on the ground that hooding was not “disproportionate” and denied him legal aid.
On September 19th 2006, Mr. Portmann filed pro se an application to the ECHR on the ground that the condition of his arrest and his detention were a violation of article 3. He added that lack of access to a tribunal and the lack of effective remedy were both a violation of articles 6-1 and 13. On November 3rd 2009, the application was communicated to the agent of the Swiss government.
On October 11th 2011, Judge Jočienė (Lithuania), Judge Björgvinsson (Iceland), Judge Malinverni (Switzerland), Judge Sajó (Hungary), Judge Karakaş (Turkey) and Judge Tulkens (Belgium) of the Court found no violation of article 3 on the surprising grounds that “the applicant could breathe through the hood“, “that he didn’t try to remove it” and that a “police officer was watching him almost at all time“.
In his dissenting opinion, Judge Pinto de Albuquerque (Portugal) found a violation of article 3 of the Convention based on the case-law of human rights courts and bodies (ECHR, CIDH, CAT, CPT, CCPR), on findings of the ICRC, ICRT and U.N special rapporteur on torture and on the facts of the case. He concluded that the hooding of the applicant was “unlawful“, “disproportionate”, “useless“, “objectively degrading” and an “inhumane and degrading treatment“.
On September 26th 1994, Ms. Agnes Klouvi filed a complain for rape and sexual assault. She alleged that she was raped and molested several times from 1992 to 1994 by her ex-boss T.. On January 1998, an investigating judge of the tribunal of Paris refused to charge T. and closed the investigation.
On October 21th 1999, she was condemned to 6 months suspended prison sentence for “false accusation” (art.226-10 of the penal code) by the tribunal of Paris and to pay €12,195 of damages and €3,048 of legal cost to T. On December 5th 2001, the appeal court of Paris confirmed the ruling. On March 25th 2003, the supreme court (Cour de cassation) rejected her appeal (02-80569).
On September 18th 2003, the applicant lodged her case to the European Court of Human Rights arguing that article 226-10 of the penal code forced judges to condemn for “false accusation” all the plaintiffs whose allegations didn’t result in the suspect being charged, in violation of articles 6-1 and 6-2 of the Convention.
On February 2nd 2007, the application was communicated to the agent of the French government.
On June 30th 2011, the Court found a violation of articles 6-1 and 6-2 of the Convention on the ground that the article 226-10 of the penal code didn’t allow judges to examine the allegation of the plaintiff but forced them to consider the allegation as false and malicious and to condemn the plaintiff for “false accusation” if no charge were brought against the suspect. The applicant was represented by Me Christophe Pettiti (Paris). The Court awarded her €8,000 for moral damages and €4,832 for legal fees.
Under article 626-1 of the code of penal procedure, the applicant can now request a new trial at an appeal court from a special commission of the supreme court, in order to redress the violations of article 6 found by the European Court of Human Rights.
On July 11th 2010, article 226-10 of the penal code was slightly modified by article 16 of law 2010-769. But according to Me Christophe Pettiti the change is not fully satisfying for plaintiffs in sexual crime cases. He added that it is now the responsibility of French judges to take into account judgment Klouvi v. France (30754/03) when ruling on accusations of “false accusation”.
On April 7th 2008, Mr. Mahmoud Philippe El Shennawy was transferred to the notorious jail of Pau. He was placed in solitary confinement and was guarded by masked prison guards of the ERIS unit.
From April 9th to April 18th 2008, the applicant accused of armed robbery, appeared at the criminal court of Pau. Each day of court appearance, the applicant was strip searched naked for up to 8 times and asked by masked guards of the ERIS to bend over and/or squat. When the applicant was bending over and/or squatting, the ERIS guards were doing a visual inspection of his anus. These acts were videotaped by one of the guard. On April 11th 2008, the applicant refused to squat. Nevertheless the masked guards coerced him to squat naked. Later in the day, they forcibly removed his clothes, coerced him to squat naked and forced him to appear in court.
On April 11th 2008, the judge presiding the criminal court ruled that he couldn’t order the ERIS guards to stop these acts. On April 15th 2008, the judge of the administrative tribunal of Pau ruled that only the judges of the criminal court of Pau could order the ERIS guards to stop. On November 14th 2008, the administrative supreme court annulled the ruling of the administrative tribunal of Pau (case 315622) but refused to rule on the violation of article 3 of the Convention.
On October 15th 2008, the applicant submitted his case to the European Court of Human Rights arguing that the multiple strip searches, the bending over, the coerced squatting, the visual inspection of his anus and the videotaping of these acts were violations of articles 3 and 8 of the Convention. He added that the lack of effective remedy was a violation of article 13 and also that these acts prevented him to defend himself during the trial in violation of articles 6-1 and 6-3. On June 16th 2009, the application was communicated to the agent of the French government with questions to be answered within 16 weeks.
On January 20th 2011, the Court found a violation of article 3 of the Convention on the ground that the multiple strip searches, the bending over, the forced squatting. and their videotaping by masked guards were overall a degrading treatment. The Court also found that the applicant didn’t have any effective remedy to obtain redress, in violation of article 13 but forgot to examine the allegations of violations of articles 6-1 and 6-3.
The applicant was represented by Me Patrice Spinosi (Paris) who was not available for comments.
From November 28th 1995 to January 18th 1999, the tax department audited the accounts of the Jehovah’s Witnesses (JW) in France. On February 8th 1996, the minister responsible of the tax department, Mr Alain Lamassoure, publicly supported at the national assembly, the harassment of minority religion by tax (“the tax department, whose actions on several occasions resulted in a certain repression of the activity of sects”) .
On May 14th 1998, the department decided to tax at the rate of 60% the donations from believers of JW for years 1993 to 1996, refusing to tax-exempt them. The department applied also a penalty rate of 80% which resulted that the donations to JW were taxed at rate of..108% and fixed the annual interest at 9% on late payments.
On July 4th 2000, the tribunal of Nanterre rejected the applicant’s claim. On February 2002 the appeal court of Versailles confirmed the ruling. On October 5th 2004, the supreme court rejected the appeal of the applicant (03-15709) on the ground that the Jehovah’s Witnesses were not recognized and authorized by the government as a religion.
On February 24th 2005, the applicant lodged its case (see below) to the Court arguing that the tax rate of 108% on donations to JW was a discrimination in violation of articles 9 and 11 of the Convention with article 14. He added that the tax rate in itself was a violation of article 1 P1 and that the use of a tax to harass a minority religion a violation of articles 18 and 1 P1. The applicant submitted also allegation of violations of articles 6-1 and 13.
On June 17th 2008, the Court found inadmissible all the allegations of violations of the Convention except the one of articles 9 and 14. On September 21st 2010, the Court found admissible the allegation of violation of article 9.
On June 30th 2011, the Court found a violation of article 9 of the Convention on the ground that the tax rate of 108% applied to the donations to the applicant was not foreseeable and therefore not “according to law”. The Court will rule on damages at a later date. The applicant was represented by Me Philippe Goni (Paris).
According to Me Philippe Goni (comments), this is the first time that the Court found that the French Republic violated article 9. He added that this raises serious questions about the “passiveness of the national courts” . He requested that the tax department annulled the whole demand of tax and penalties (more than €50 millions) and reimbursed the amount already seized.
Mr. Ernst Haas is suffering from bipolar disorder for the last 20 years. On July 1st 2004, he became a member of the NGO Dignitas in order to commit suicide. Then, he requested in vain from several psychiatrists to prescribe him the lethal drug pentobarbital sodium. On August 3rd 2005, the health department of the county of Zürich refused to deliver him this drug without prescription.
On November 17th 2005, the administrative tribunal of Zürich rejected his challenge of the decision of the health department. On December 20th 2005, the federal department of interior refused also to deliver him the lethal drug without prescription. On November 3rd 2006, the federal tribunal rejected his appeal and ruled that a mental health exam was required before prescribing the lethal drug.
On July 18th 2007, the applicant lodged his case to the Court arguing that that the refusal to deliver him the lethal drug without a prescription and a mental health exam was a violation of article 8 of the Convention. On October 16th 2008, the application was communicated to the agent of the Swiss government. On November 17th 2008, The NGO Dignitas submitted a brief amicus curiae to the Court (see below).
On January 20th 2011, the Court found no violation of article 8 of the Convention on the ground of the “margin of appreciation” and didn’t rule if States have a positive obligation to ensure that one can end his life with dignity. The appeal to the grand chamber was not accepted by the Court. The applicant was represented by Me Patrick Schaerz (Zürich) .
On October 15th 2009, Mr. Michel Duval was detained pending investigation. On February 3rd 2000, he was handcuffed and shackled during an ultrasound test at the hospital of Laon. Prison guards and police officers were present in the room during the test. On October 1st 2004, he was again handcuffed and shackled for a cardiac test at the hospital of Amiens. On May 14th, 15th, 18th 2005, he was detained under the same security measures for a cardiac test at the hospital of Laon and on June 14th 2005 for an ultrasound test.
On September 28th 2005, handcuffed and shackled, he had a digital rectal exam in front of 2 prison guards in the hospital of Laon. These security measures were taken under an executive order JUSK0440155C of the minister of Justice of November 18th 2004.
On October 15th 2007, the administrative supreme court (conseil d’etat) rejected the motion of the applicant to have the executive order JUSK0440155C annulled.
On April 15th 2008, the applicant submitted his case to the European Court of Human Rights arguing that to be shackled and handcuffed during medical exams in front of police officers and prison guards was a violation of articles 3 and 8 of the Convention. He added that the condition of detention during the transfers to the hospital were in violation of article 3. On September 14th 2009, the application was communicated to the agent of the French government with questions to be answered within 16 weeks.
On May 26th 2011, the Court found a violation of article 3 of the Convention on the ground that the security measures and the presence of guards during the medical exams were a degrading treatment.
The applicant was represented by Me Patrice Spinosi (Paris) who was not available for comments.
On July 14th 1998, Mr. Claude Baudoin was arrested for “assault” on a hospital security guard and then detained on mental health ground by the order of the mayor of Bordeaux. On July 16th 1998, the prefect of Gironde ordered his mental health detention. He was detained in the special detention unit (UMD) of the hospital Cadillac.
On July 28th 1998, the applicant submitted a motion to be released. On May 30th 2002, the appeal court of Bordeaux rejected his motion. On February 14th 2004, the president of the supreme court denied the applicant legal aid to appeal the decision.
In several decisions, the administrative tribunal and the administrative appeal court of Bordeaux annulled all the orders of detention from July 16th 1998 to May 17th 2004 which were giving a legal basis for 6 years of detention.
On August 13th 2003, the applicant submitted his case to the European Court of Human Rights arguing that his mental health detention was a violation of article 5-1-e) of the Convention, the absence of information on the ground for detention a violation of article 5-2 and his condition of detention for 6 years in hospital Cadillac was a violation of article 3 of the Convention.
He added that following his arrest he was not brought to a judge in violation of article 5-3 of the Convention, that the requirement to challenge his mental health detention both in administrative and judicial courts was a violation of articles 5-4 and 5-5, that the length of proceedings in administrative court was a violation of article 6-1, that the refusal of legal aid by the supreme court was a violation of article 6-1, that forced medical treatments and seizure of his letters by the hospital were in violation of article 8, keeping him in a detention ruled illegal by the court was also a violation of article 3 and the lack of remedies a violation of article 13. The applicant was represented by Mr Philippe Bernardet a sociology researcher of CNRS.
On July 8th 2005, the motion to be released of the applicant of June 2nd 2004 was rejected by the appeal court of Bordeaux. On February 2006, the motion of October 12th 2005 was again denied.
On September 27th 2007, the Court ruled that most of the allegations of violations of the Convention were inadmissible under articles 35-1 and 35-3 of the Convention on surprising and conflicting grounds. The Court ruled that the applicant was not arrested for “assault” on July 14th 1998 under article 5-1-c) so the allegation of violation of article 5-3 was inadmissible. This means that his arrest didn’t have any legal basis as there is no provision under French law for an arrest on mental health ground (art.5-1-e)) but the Court failed to acknowledge its own allegation of violation of article 5-1 of the Convention. Furthermore the Court ruled that the allegations of violations of article 3 and 8 of the Convention were inadmissible on the ground that the applicant didn’t submit them to the French courts. But the Court didn’t specify which remedies where available to the applicant and which case-law of the French court makes these remedies effective. The Court also found the allegation of violation article 5-5 inadmissible even though it took 7 years for the applicant to have an administrative court annulled the order of detention of July 16th 1998, and that he needed to start another litigation in a civil court to obtain damages following the administrative court ruling. The Court also found inadmissible the allegation of violation of article 5-1-e) for the mental detention of 6 years (except from October 21th 2004 to November 9th 2004) because the administrative court annulled all the orders of detention even though the applicant didn’t receive any damages for this illegal detention.
On November 18th 2010, the Court found a violation of article 5-1-e) of the Convention, on the ground that there was no order of detention from October 21st 2004 to November 9th 2004. The Court also found a violation of article 5-4 on the ground that the applicant didn’t benefit from a speedy and effective remedy . It awarded the applicant €20,000 for damages and €3,000 for his legal fees.
On January 12th 2003 at 01:15am, Mr. Yves Trévalec unarmed was shot 7 times at close range by 2 police officers of a patrol unit and a dog unit in Liege . The applicant is a journalist and was embedded with a special anti-gang police unit at the time of the shooting. An investigation was opened by an investigation judge for “assault” and carried out by the local police unit.
On March 15th 2005, the prosecutor of the king asked the investigation judge not to charge the 2 shooters on the ground that they acted in self-defense. On May 16th 2006, the tribunal of Liege refused to charge the 2 shooters. The ruling was confirmed by the appeal court of Liege. On April 18th 2007, the supreme court rejected the appeal of the applicant.
On July 16th 2007, the applicant submitted his case to the European Court of Human Rights arguing that the close range shooting was a violation of article 2 of the Convention. He added that the 3 years investigation was not effective in violation of article 2 and that the court didn’t answer his observations in violation of article 6-1. The applicant was represented by Me Jean Gonthier (Bordeaux). On April 28th 2008, the application was communicated to the agent of the Belgium government with questions to be answered within 16 weeks.
On June 14th 2011, the Court found a violation of article 2 of the Convention on the ground that the police of Liege was careless in setting up the embedment of the journalist. The Court found no violation of article 2 in regards with the investigation. It awarded the applicant €0 for his legal fees. The amount of damages will be evaluated at a later date.
Mr. Christian Pascaud was born on February 8th 1960 in the village of Saint-Emilion. On April 8th 1961, C.P recognized the applicant as his son even though it was public knowledge that W.A was the father.
On October 24th 2000, the applicant start legal proceeding to annul the recognizance of C.P and be recognized by the court as the son of W.A. On November 12th 2001, a court ordered DNA test confirmed that W.A was the father of the applicant with a chance of 99.999%. On March 7th 2002, W.A died.
On September 24th 2006, the appeal court of Bordeaux dismissed all the claims of the applicant. On October 17th 2007, the supreme court (Cour de cassation) rejected his appeal.
On April 15th 2008, the applicant submitted his case to the European Court of Human Rights arguing that the refusal of the court to recognized him as a son of W.A was a violation of articles 8 and 14 of the Convention. He added that the lack of recognizance was also violation of article 1P1 and the lack of remedies a violation of articles 6-1 and 13. The applicant was represented by Me Bertrand Favreaux (Bordeaux).
On September 28th 2009, the application was communicated to the agent of the French government with questions to be answered within 16 weeks. On May 6th 2010, the applicant submitted his observations and requested a public hearing (see below). The request was denied.
On June 16th 2011, the Court found a violation of article 8 of the Convention on the ground that the interest of the applicant to be recognized as a son of W.A outweigh the common interest to legal certainty. It awarded €10,000 for legal fees and €10,000 for moral damages. The amount of material damages will be evaluated at a later date.
On March 29th 2001, the police department of Neuchatel refused to the Swiss Raelian movement the authorization to put posters from April 2th to April 13th 2001 on the ground of article 19 of the police department rules. This article allows the police department to forbid “illegal posters” or “posters threating morals“
On April 22th 2005, the administrative tribunal of Neuchatel rejected the appeal from the movement. On September 20th 2005, the federal tribunal rejected the appeal (1P.336/2005) on the ground that the interdiction of these posters was necessary “in a democratic society for the protection of morals“.
On April 10th 2006, the movement filed a case with the ECHR (see below) arguing that the interdiction to display their posters was a violation of articles 9 and 10 of the Convention. On May 20th 2008, the ECHR communicated the case to the agent of Switzerland with questions to be answered within 16 weeks. On September 9th 2008, the agent for the government submitted his observations answered on November 4th 2008 by the applicant. The Swiss Raelian movement was represented by Me Elie Elkaim (Lausanne).
On January 13th 2011, the E.C.H.R ruled by 5 to 2 votes there was no violation of article 10 of the Convention on the ground that the Swiss State benefits of a “margin of appreciation” about the use of its public space and the State has reasonable grounds to forbid the posters (59). The Court didn’t examine the allegation of violation of article 9 of the Convention.
In their dissenting opinion Judges Rozakis and Vajic expressed that the movement was not forbidden in Switzerland and should be able to promote by posters its ideas (3.a) and its non forbidden website (3.b).
On August 15th 1994, Mr. Ramirez Sanchez a citizen of Venezuela was abducted in Sudan and then victim of an extrajudicial rendition to France carried out by officers of the French domestic intelligence agency (DST).
From August 15th 1994 to October 17th 2002, he was placed in solitary confinement and transferred between the 3 infamous jails in the Paris region (La Sante, Fresnes, Fleury-Merogis) by decisions of the administration of the ministry of Justice on unknown ground.
On June 24th 1996, the European Commission of Human Rights ruled in case Ramirez Sanchez v. France (28780/95) that the abduction and the extrajudicial rendition to France were not a violation of articles 3 and 5 of the Convention.
On December 25th 1997, he was condemned to life in prison for the murder on June 27th 1975 in Paris of 2 officers of DST and one agent of an unknown agency, in unclear circumstances. From October 17th 2002 to March 18th 2004, he was transferred to the prison of Saint-Maur and placed in a normal unit.
From March 19th 2004 to January 5th 2006, he was again placed in solitary confinement and transferred again between the 3 infamous jails (La Sante, Fresnes, Fleury-Merogis) because he talked about politics to a journalist. From January 5th 2006, he was transferred to the prison of Clairvaux and placed in a normal unit.
On July 4th 2006, the Grand Chamber of the E.C.H.R ruled by 12 votes against 5 votes, in case Ramirez Sanchez v. France (59450/00), that the solitary confinement the applicant for 8 years (1994-2002) was not a violation of article 3 on the ground that… the applicant would have talk about politics with other inmates (§149). In solitary confinement the applicant was waken up every hour of the night by prison wardens (§95).
The Grand Chamber ruled also that the absence of a domestic remedy to challenge a decision of solitary confinement was a violation of article 13 for the first period (1994-2002). The applicant was represented by Me Isabelle Coutant Peyre (Paris).
For the second period (2004-2006), the Grand Chamber ruled that since the administrative supreme court judgment Remli v. minister of Justice no 252712 on July 30th 2003, the administrative tribunal was a “remedy” to challenge of decision of solitary confinement. It then didn’t find a violation of article 13 and didn’t examine the violation of article 3 because of this remedy (§113). Surprisingly, the Court didn’t examine the effectiveness of the remedy of the administrative tribunal even though the applicant was questioning it in its observations of October 3rd 2005 (§3) and December 30th 2005 (§3).
Mr. Remli was serving in solitary confinement a sentence after an unfair trial (judgment Remli v. France (16839/90)). The administrative supreme court judgment Remli v. minister of Justice no 252712 on July 30th 2003 ruled that the decision of …June 18th 1998 to detain the plaintiff in solitary confinement was “illegal” but it didn’t award him damages and didn’t find a violation of articles 3 or 8 the Convention. No disciplinary or criminal action were taken against the chief of prison following the ruling.
The remedy of the administrative court system is a lengthy one. It can take up to 2 and a half years for the administrative tribunal to rule on the legality of the solitary confinement decision (administrative appeal court of Paris, judgment 09PA05734 on October 14th 2010) which is not suspended pending ruling.
Although article 726-1 of the code of penal procedure (law 2009-1436) allows a detainee to file for an “urgent ruling” within 48 hours on the solitary confinement decision, it is constant case-law that the solitary confinement decision is inadmissible to be ruled within 48 hours (administrative supreme court judgment 337534 on March 22th 2010).
On February 15th 2006, the Commissioner for Human Rights Mr. Alvaro Gil-Robles stated in his report following a visit to French prisons in 2005 : “Prisoners placed in solitary confinement have no effective administrative remedy at their disposal” (§133).
On December 2007, the CPT stated in its report CPT/Inf (2007)44 following a visit to French prisons in autumn 2006, that for the remedy to the administrative tribunal to be effective, the solitary confinement decision should be admissible to be ruled within 48 hours. The CPT also found that detainees were not informed of their rights to appeal the decision (§157).
In September 2009, the 4th edition of the ministry of Justice “handbook for new inmates” didn’t inform about the remedy to the local administrative tribunal on a solitary confinement decision (see below p50).
On April 2010, the French N.G.O OIP stated in its observations to the U.N Committee against Torture : “Remedies against such measures are limited” (p21).
Surprisingly, on November 30th 2010, the Committee of Ministers ruled in its Resolution CM/ResDH(2010)162 that article 726-1 of the code of penal procedure and case-law administrative supreme court judgment Remli v. minister of Justice no 252712 were satisfying as general measures to prevent violation of article 13 of the Convention.
Recommendation Rec(2004)6 of the Committee of Ministers to member states on the improvement of domestic remedies states : However, the remedy required must be “effective” in law as well as in practice; – this notably requires that it be able to prevent the execution of measures which are contrary to the Convention and whose effects are potentially irreversible; (..) the “effectiveness” of a “remedy” within the meaning of Article 13 (..) implies a certain minimum requirement of speediness.
On March 28th 2003, Mr. Medhi Chesne was suspected of drug trafficking by an investigating judge. The same day, another judge of the tribunal of Orleans ordered the detention of the applicant for 4 months pending investigation. On April 17th 2003, the court of appeal of Orleans rejected the appeal of the applicant partly on the ground that the applicant refused to confess and that he was “a drug trafficker“.
On July 31th 2003, the court of appeal of Orleans ruled on the detention of the applicant’s partner describing her as “the partner of the main drug trafficker“.
On June 30th 2004, the tribunal of Orleans condemned the applicant to 13 years in jail for drug trafficking. On July 5th 2004, the applicant appealed the ruling. On October 18th 2004, the applicant filed a motion to recuse two of three judges of the appeal court of Orleans (article 668 of the code of penal procedure) on the ground that they participated on the previous rulings on his detention and the one of his partner.
On October 19th 2004, the motion was rejected. On December 7th 2004, the appeal court of Orleans condemned the applicant to 10 years in jail. On November 23th 2005, the supreme court rejected his appeal (case 04-87723).
On July 5th 2006, Mr. Medhi Chesne filed an application with the E.C.H.R arguing the appeal court ruling and the supreme court ruling were in violation of article 6-1. On September 8th 2008, the application was communicated to the agent of the French government.
On April 22th 2010, the E.C.H.R found a violation of article 6-1 for the appeal court ruling. The applicant was represented by Me Thomas Bidnic (Paris) who refused to answer our questions.
Under article 626-1 of the code of penal procedure, the applicant can now request from a special commission, a new trial to redress the violation of article 6 found by the E.C.H.R.
Mr.Nicolas Cocaign is suffering from a severe mental illness (schizophrenia). Following his release from jail in summer 2005, the prefect of Hauts-de-Seine ordered his detention in a mental health center. Nevertheless, he was again detained in jail (cf. Case Patoux v. France).
On January 3rd 2007, he was suspected to have killed one of his cellmate in the overcrowded jail Bonne Nouvelle in Rouen and eat a part of his lung. On January 17th 2007, he was condemned to 45 days disciplinary cell for “violence” to the deceased cellmate, under article D249-1 of the code of penal procedure. On January 22th 2007, the prefect of Yvelines ordered his detention in the mental health center “Centre hospitalier Paul Guiraud“. After 2 weeks of detention in the mental health center, the applicant was transferred to jail of Bois d’Arcy to complete his 40 days of disciplinary detention. He filed an appeal of this disciplinary sentence at the administrative tribunal of Melun.
On October 26th 2007, a court-ordered report by 2 psychiatrists established that the applicant was legally insane at the time of the murder, under article L122-1 of the penal code. Nevertheless, on June 24th 2010, the applicant was condemned to 30 years in prison by the criminal court of Rouen. No appeal were filed.
On July 17th 2007, the applicant filed an application with the E.C.H.R arguing that the disciplinary hearing commission ruled in violation of article 6-1, that the 45 days in a disciplinary cell, the lack of appropriate health care and the solitary confinement since then were violations of article 3, and the lack of remedies following a violation of article 3 in jail was a violation of article 13. On September 28th 2009, the application was communicated to the agent of the French Republic with questions to be answered before 16 weeks. The applicant is represented by Me Fabien Picchiottino (Rouen) who didn’t return our email.
Update :
On November 3rd 2011, the Court found no violation of article 3 of the Convention on the ground that the Court was not informed of the condition of detention in disciplinary cells (81). Surprisingly, the Court didn’t answer the allegation that solitary confinement for more than 4 years was a violation of article 3 of the Convention.
In 1998, Ms. Marie-Claude Patoux was detained in a psychiatric ward following a personal conflict with her ex-doctor T. She became a fugitive after a temporary release at an unknown date. On December 17th 2002, she was condemned for a “premeditated assault with no bodily injury” (art.222-13 of penal code) on T. to 3 years of probation. In 2005, she was arrested again for “premeditated assault with no bodily injury“.
On March 29th 2006, she was arrested and detained in police custody being suspect of “premeditated assault with no bodily injury” on T. on the same day. On March 30th 2006, she was detained by an order of the mayor of Villiers-Saint-Paul under article L3213-2 of the code of public health. This order allows the detention for up to 48h, of patient suffering from mental illness who are “an imminent threat to public safety“. She was transferred to the notorious mental health center “CHI Clermont Oise” . On March 31th 2006, the prefect of Oise ordered her detention for one month in this health center, despite the lack of an eligible medical certificate, in violation of article L3213-1 of the code of public health.
On April 3rd 2006, the husband of the applicant filed a motion at the tribunal of Beauvais to have his wife immediately released . On April 26th 2006, the prefect of Oise ordered the detention of the applicant for 3 months. On May 14th 2006, the applicant became a fugitive for failing to return to the health center after an authorization of the prefect for a 2 days temporary release. On May 19th 2006, the judge denied the habeas corpus motion for release 46 days after the application.
On June 26th 2006, the applicant was condemned by the tribunal of Senlis to 12 months in jail for a “premeditated assault with no bodily injury” in 2005 and a warrant was issued for her arrest. On 30th July 2006, the prefect of Oise ordered the detention of the fugitive applicant for 6 months. On September 13th 2006, the applicant was arrested and detained at the jail of Beauvais pending trial at the appeal court of Amiens.
On January 31th 2007, the appeal court of Amiens ruled on the appeal. On February 5th 2007, the applicant was condemned by the tribunal of Senlis to 9 months in jail for a “premeditated assault with no bodily injury” on March 29th 2006. On October 17th 2007, the appeal court of Amiens condemned the applicant to a lesser sentence of 4 months in jail.
On May 19th 2008, the applicant was released from jail.
On August 21th 2006, the couple Patoux filed an application with the E.C.H.R arguing that the detention in the health center was a violation of articles 5-1-e) and 5-2, that the ruling on the motion for release from the ward was a violation of article 5-4, that the forced medication was a violation of article 8, that the applicant was not brought to a judge after her arrest in violation of article 5-3, and that the detention of the applicant in the jail of Beauvais with no access to health care, was in violation of article 3. They also complained that the rulings on the motion for release from jail pending trial was a violation of article 5-4. On June 30th 2009, the application was communicated to the agent of the French government with questions to be answered before 16 weeks. The applicants were not yet represented.
In June 2009, the national regulatory body for health centers (Haute Autorite de Sante) issued a report on the “CHI Clermont Oise“. It states that the condition of detention are degrading (21b) and that the patient consent into taking medications is not recorded (20a). A review was announced before November 2010. The mental health center didn’t answer our email for comments.
Update :
On April 14th 2011, the Court ruled that the wait of the applicant for 46 days before the judge rule on its habeas corpus was a violation of article 5-4 of the Convention. It condemned the French Republic to pay the applicant €5,000 of damages for n and €2,500 for the legal fees.
Surprisingly, the Court found the allegation of violations of article 3 due to the lack of health care in the jail of Beauvais to be inadmissible (art.35-1) because the applicant should have invoke these allegations in her motion to be release from jail pending trial (§58). The 5th section of the Court seems to ignore that there is no provision in the code of penal procedure to be released from detention pending trial, for health reasons or violations of article 3 of the Convention.
On April 1st 2011, the bill 400 was filed at the Senate to introduce a provision allowing judges to suspend detention pending trial on health ground.
The applicant was represented by Me Raphael Mayet (Versailles).
From October 3rd 2004 to November 22th 2005, Mr. Luc Lienhardt was detained pending investigation at the jail of Saint-Paul in the second largest city in France, Lyon. On January 19th 2006, a court-ordered report on the conditions of detention was released.
It was revealed that the jail was overcrowded to a critical point. More than 800 detainees were detained in that jail built for 360 detainees. The applicant was detained in a cell with 2 other detainees. The conditions of detention were appalling as shown is this picture taken in a cell with 4 detainees.
During his detention, the applicant suffered “brief psychotic disorder” for 3 months as a result of his detention. No medical treatment or therapy were provided to the applicant.
On March 25th 2008, the applicant filed a criminal complaint to an investigating judge for “torture” and “degrading treatment resulting from housing condition” (art. 225-14 of penal code). On January 20th 2009, the supreme court (Cour de cassation) ruled that article 225-14 of penal code didn’t apply to jails (case 08-82807). On September 18th 2008, the applicant filed a lawsuit at the administrative tribunal of Lyon for compensation for his condition of detention.
On February 17th 2010, Mr. Luc Lienhardt filed an application with the E.C.H.R arguing that his conditions of detention during more than 13 months were a violation of article 3 of the Convention, and that the lack of effective remedy was a violation of article 13 of the Convention. On June 2th 2010, the application was communicated to the agent of the French governement with questions to be answered before 16 weeks. The applicant is represented by Me Sylvain Cormier (Lyon) who didn’t answer our request for information.
The jail of Saint-Paul was definitely closed on May 3rd 2009. It was then revealed that more than 900 detainees were held in this jail in February 2008.
Update :
On December 6th 2010, it was announced that the administrative tribunal of Lyon awarded the applicant €2,000 for his 13 months detention in the horrendous jail Saint-Paul but declined to find a violation of article 3 of the Convention.
On September 13th 2011, the Court ruled the application inadmissible on the ground that the applicant didn’t appeal the judgment of the administrative tribunal of Lyon.
On August 31st 1984, Mr. Abdelhamid Hakkar was arrested in an investigation for the murder of a police officer in Auxerre. On December 8th 1989, the criminal court of Auxerre condemned him to a life sentence with a minimum sentence in jail of 18 years. On December 5th 1990, the supreme court (Court de cassation) failed his appeal (case 90-81761).
On June 27th 1995, the European Commission of Human Rights found in case Hakkar v. France (19033/91) a violation of article 6-1 for the length of the pre-trial investigation, and articles 6-1, 6-3-b), 6-3-c) for the absence of a defense lawyer during the trial at the criminal court of Auxerre.
On August 1st 1996, the applicant was transferred to solitary confinement at the jail of Villefranche-sur-Saône. He was refused his right to call his lawyer. On November 27th 1996, the European Commission of Human Rights ruled the application in case Hakkar v. France (30190/96) inadmissible due to the lack of exhaustion of domestic remedies for his allegation of violation of article 3 of the Convention due to solitary confinement.
On September 17th 1997, the ruling of the ECHR on June 27th 1995 was made public by the Committee of Ministers (DH (97)47) and on February 14th 2001 a final resolution ResDH(2001)4 was taken on the promise of the French Republic that a new trial will be organized in Spring 2001.
On November 30th 2000, the special commission of the supreme court (Cour de cassation) decided to open a new criminal trial in Nanterre following the ruling of the ECHR on June 27th 1995, “suspend” his sentence but didn’t order the cancellation of the ruling of December 8th 1989 and didn’t release the applicant. This was the first case to benefit from the article 89 of new law 2000-516.
On October 8th 2002, the E.C.H.R surprisingly ruled the application in case Hakkar v. France (16164/02) inadmissible because his allegations of violations are “manifestly ill-founded“. The applicant was arguing that his detention for 9 years in solitary confinement was a violation of article 3, his detention from the suspension of his sentence a violation of article 5-1-a) and the prosecution without having the previous ruling canceled a violation of article 4 P7.
On February 26th 2003, the criminal court of Nanterre condemned the applicant to the same sentence of the ruling of the criminal court of Auxerre on December 8th 1989. Following the appeal of the applicant, the criminal court of Versailles condemned the applicant on January 14th 2005 to a life sentence with a minimum sentence in jail of 16 years. On December 7th 2005, the supreme court (Court de cassation) rejected his appeal 05-80988.
On April 7th 2009, the E.C.H.R surprisingly ruled the application in case Hakkar v. France (43580/04) inadmissible. The applicant was arguing that his detention for 20 years was a violation of articles 3 but the Court didn’t respond to the allegation of article 3 without any explanation. He was also arguing that the lack of all the evidences exhibits at the criminal trial in Versailles was a violation of article 6-1 of the Convention but for the Court this was “manifestly ill-founded“.
On November 4th 2010, the appeal court of Toulouse mistakenly denied parole to the applicant a French citizen on the false claim by the prosecutor that the applicant need a work permit from the immigration office. This ruling is the 3rd appeal on the ruling of the tribunal of Tarbes on July 31th 2006 who denied him his right to apply for parole. The first two appeals rulings were quashed by the supreme court on January 16th 2008 (07-81289) and on March 18th 2009 (08-85870).
On November 5th 2010, the applicant began an hunger strike to protest the xenophobic ruling of November 4th 2010.
On November 25th 2010, the applicant filed an application with the E.C.H.R (below) requesting under article 39 the emergency review by the French Republic of the ruling of November 4th 2010 . The applicant is represented by Me Marie-Alix Canu Bernard. On November 26th 2010, he was transferred to an hospital after losing more than 10 kg in his ongoing 22 days hunger strike.
The applicant waited for 21 years for a fair trial on the criminal charges against him(1984-2005). He is now waiting more than 4 years for a fair trial on his parole application (2006-..).
At the hearing of November 4th 2010, the prosecutor advocated also the denial of the parole application because the applicant was still “passionate about his rights” in January 2010. The applicant and the ministry of Justice surely don’t share the same passion for the rule of law.
Update : On December 3rd 2010, the request for interim measure of the applicant under article 39 was denied.
On April 13th 2005 at 14:35, Me France Moulin was arrested and searched in the tribunal of Orleans. She was placed in police custody and transferred to Toulouse to witness a police search of her office. An arrest warrant (“mandat d’amener“) was then issued by the investigating judge for her arrest. She was released from police custody in Toulouse only to be rearrested under the new warrant and detained in a local jail.
On April 18th 2005, she was charged by an investigating judge of the tribunal of Orleans and another judge ordered her detention in local jail pending the investigation. She was released on May 12th 2005 from the local jail of Bourges.
On October 13th 2005, the request of the applicant to have her case dismissed was rejected by the appeal court of Orleans. On March 1st 2006, her appeal to the Cour de cassation failed.
On September 4th 2006, she filed an application with the Court arguing that the searches of her clothes, her office and her bags were a violation of article 8 of the Convention, her detention in police custody for 5 days was a violation of article 5-3, and that the inability to be represented by a lawyer of her choice was a violation of articles 6-1 and 6-3. The applicant is represented by Me Patrice Spinosi who didn’t answer our email for comments.
On January 10th 2008, the application was communicated to the agent of the French government with questions to be answered within 16 weeks.
On November 23rd 2010, the Court found a violation of article 5-3 of the Convention on the ground that the prosecutor of the Republic is not an “officer authorised by law to exercise judicial power“. The Court awarded the applicant €5,000 for damages and €7,500 for legal fees reimbursement.
In 1978, Mr. Hassan Boutagni immigrated to France at the age of 11 years old. In 1994, he got married and his 3 children were born in France. He was a legal permanent resident of France and his parents, sisters and brothers are living in France.
On July 11th 2007, he was found guilty by the tribunal of Paris of helping youths to go to Syria to train with the terrorist organization GICM. His sentence was 5 years in jail and a life ban to stay in France.
On September 2th 2008, a deportation order to Morocco was served to the applicant who was detained in the immigration detention center of Palaiseau. On September 5th 2008, the E.C.H.R notified France that a suspension of the deportation order was appropriate until its ruling (art.39). On September 6th 2008, he was ordered to live in the department Manche under a penalty of 3 years of jail (art. L624-4 of immigration code).
The request to cancel the deportation order is still pending at the administrative tribunal of Versailles.
On September 5th 2008, the applicant filed an application with the E.C.H.R arguing that the deportation order to Morocco was a violation of articles 3, 8 the Convention. On November 13th 2008, the application was communicated to the agent of the French government with questions to be answered before 16 weeks. Mr. Hassan Boutagni is represented by Me Denis Solanet (Versailles) who didn’t answer our request for comments.
On June 25th 2010, the French government “promised” by a letter to the Court not execute the deportation order of September 2th 2008 and incidentally the future judgment of the administrative tribunal of Versailles. But the French government didn’t cancel the deportation order.
On November 18th 2010, the E.C.H.R surprisingly didn’t confirm the case-law Daoudi v. France (19576/08) by declaring that the execution of the deportation order will be a violation of article 3 of the Convention. The Court ruled that the issuance of the deportation order was not a violation of article 3 of the Convention because of the “promise” of the French government not to execute it. The Court also invite the applicant to request an interim measure (art.39) if the deportation order to Morocco was executed. No legal fees reimbursement was awarded to the applicant.
On January 13th 2009, the E.C.H.R found in case Taxquet v. Belgium (926/05) [en] a violation of article 6-1 of the Convention on the ground that the ruling of the criminal court (“cour d’assises“) was not motivated. On June 5th 2009, 5 judges of the grand chamber accepted to hear the appeal of Belgium. On September 15th 2009, France submitted a brief (see below). On October 21th 2009, a public hearing was held by the Court [en].
On November 16th 2010 the grand chamber confirmed [en] the finding of the violation of article 6-1 of the Convention.
On September 25th 2008, the bill 4-924 introducing the motivation of ruling of criminal court was submitted to the Senate. On December 10th 2009, the senate voted the law which took effect on January 21th 2010. Under the new law, the defendant can only be condemned if the admissible evidences shows there is no reasonable doubt that the defendant is guilty. The grounds for the guilty ruling and for the sentencing, have also to be stated and an appeal to the supreme court is created.
In France, the rulings of the criminal court are still not motivated. In 2009, there was 3,345 rulings by criminal courts in France. The supreme court (Cour de cassation) ruled that the lack of ground was not a violation of article 6-1 of the Convention (cases 08-86480, 08-88112, 09-82459, 09-81.018, 09-82665, 09-85146, 09-86090, 09-84166, 09-87307, 09-88414).
The French government didn’t introduce any reform of the criminal court. In its threatening observations to the E.C.H.R, the French government argued that the grand chamber couldn’t find a violation of article 6-1, otherwise thousands of criminal court rulings will have to be quashed (34) and that the E.C.H.R didn’t have the capacity to make such decision (33).
On October 13th 2000, Mr. Vladlen Katritsch was charged with theft, document forgery and illegal stay in France. He was assisted by a Russian/French interpreter and an appointed lawyer during part of the investigation.
The applicant was then condemned in absentia at the tribunal of first instance of Compiegne and then at the appeal court of Amiens. He requested a retrial and to be assisted by a lawyer and a Russian/French interpreter. On October 23th 2006, the appeal court rejected his requests and refused to postpone the hearing. On October 24th 2007, his appeal to the supreme court (Cour de cassation) failed.
On April 23th 2008, the applicant filed an application with the E.C.H.R arguing that the lack of assistance by a lawyer and an interpreter was a violation of articles 6-1 and 6-3 of the Convention. On July 10th 2009, the application was communicated to the agent of the French government with questions to be answered before 16 weeks. The applicant is represented by Me Ruben Garcia (Paris) who didn’t return our email for comments.
On November 4th 2010, the Court found a violation of articles 6-3-b) and 6-3 -c) of the Convention. The court found no violation of article 6-1-e) because the applicant could speak basic French. The court ordered the French Republic to pay €3,000 of damages and €0 for legal fees.
Under article 626-1 of the code of penal procedure, the applicant can ask for a new trial to a special commission, to redress the violation of article 6 found by the E.C.H.R.
On August 5th 2010, the applicant filed an application with the E.C.H.R arguing that the mandatory membership to Interloire was a violation of article 11-2 of the Convention. The applicant is represented by Ms. Marie-Ange Hegron of the N.G.O CDVI.
On March 7th 2004, Mr. Michel Malon was arrested following his deportation from the Dominican Republic. On March 11th 2004, he was charged for complicity to murder and placed in detention at the local jail of Luynes pending investigation.
On August 5th 2008, the request to be release of the applicant of July 21th 2008 was rejected by the investigation court. On September 26th 2008, the applicant was acquitted of complicity to murder. He was released from the local jail of Luynes the same night. The district attorney appealed his acquittal and a new trial will be taken place in November 2010.
On September 2th 2009, his lawyer was notified that his appeal of the investigation court ruling was rejected by the supreme court.
On March 1st 2010, the applicant filed an application with the E.C.H.R arguing that his detention of 4 years and 6 months pending investigation and awaiting trial was a violation of article 5-3 of the Convention. On June 21th 2010, the application was communicated to the agent for the French Republic with questions to be answered before September 15th 2010. The agent was granted an extension up to November 20th 2010 to answer. The applicant is represented by Me Bruno Rebstock.
In March 2010, a report was published by the general inspector of detention facilities (the national preventive mechanism of OPCAT) on his visit of the local jail of Luynes in January 2009 .
On 7t
h June 1999, the applicant was arrested for attempted murder and placed in police custody. The next day, he was interrogated before he could meet his lawyer and after being put under oath. On 9th June 1999, he was charged with complicity to commit murder and detained in jail pending investigation. On December 8th 2001, he was released on his own recognizance. On March 1st 2002, the charge was changed to aggravated assault.
On October 31th 2002, he was condemned for aggravated assault by the tribunal of Paris to 5 years in jail. On October 26th 2004, his appeal to the court of appeal of Paris failed. The court motivated its ruling with the judgment of the tribunal of Paris. On June 27th 2006, the supreme court (Cour de cassation) rejected his appeal.
On December 26th 2006, the applicant filed an application with the E.C.H.R arguing that to be put under oath was a violation of articles 6-1 and 6-3 of the Convention, that the lack of new motivation of the court of appeal of Paris was a violation of article 6-1 and that his detention of 2 years and 6 months pending investigation was a violation of article 5-3. On March 24th 2009, the application was communicated to the agent for the French Republic. On September 29th 2009, the applicant requested the Court to organize a public hearing on the case. It was rejected by the Court.
On October 14th 2010, the Court ruled that the fact for a suspect to be put under oath in police custody was a violation of the right to remain silent and the right against self-incrimination, so there were violations of articles 6-1 and 6-3. The Court found the other allegations of violation of the Convention to be inadmissible. The applicant was represented by Me Patrice Spinosi who didn’t return our emails for comment.
The Court also reminded that the rights to meet his lawyer prior to any police interrogation, and then to be assisted by his lawyer during these interrogations were both guaranteed by article 6 of the Convention.
Under article 626-1 of the code of criminal procedure, the applicant can now request from a special commission of the judicial supreme court, the organization of a new criminal trial to redress the violations found by the E.C.H.R.
French Polynesia is an overseas country of the French Republic. The coutry has its own president, ministers, national assembly, flag, currency, phone area code and is home to many local languages (Tahitian, Marquisian, Paumotu, Mangarevian) widely spoken by the population and authorized to be used in legal contract and business transaction (art. 57 law 2004-192). French is the language of the French Republic (art. 2 of the Constitution) and the official language of French Polynesia (art. 57 law 2004-192).
On May 13th 2005th a resolution 2005/559 was passed by the national assembly allowing any of his members to use French or any Polynesian languages in their speech. On March 29th 2006, the administrative supreme court (conseil d’etat) ruled that the resolution was canceled.
On September 28th 2006, the applicant filed an application with the E.C.H.R arguing that the forbidden use of Tahitian in the national assembly was a violation of articles 10,11 and 14 of the Convention.
On September 21th 2010, the court confirmed case-law Georges Clerfayt and others v. Belgium (10650/83) of May 17th 1985 and ruled the application inadmissible ratione materiae. The applicant was represented by Me Philippe Temauiarii Neuffer.
On January 20th 2009, a parking ticket was issued for the car parked by the applicant at Montigny-le-Bretonneux. A fine notice was sent to the applicant son’s who registered the car. On March 5th 2009, the applicant requested the district attorney to dismiss the proceeding against his son and open proceeding against him under art. 529-10 1-b) of code of criminal procedure . He also requested to be prosecuted to challenge the legality of the parking ordinance in court.
On June 15th 2009, the district attorney rejected the applicant request. But after a new request was made by the applicant, the district attorney informed him on July 31th 2009 that the case was sent to the court and that he will be served. Surprisingly a notice for repossession for 33 Euros was served for his son on October 28th 2009. On May 21th 2010, a final notice for 40,5 Euros was served. On May 27th 2010, the fine was paid by the applicant for his son.
On July 9th 2010, the applicant and his son filed an application with the E.C.H.R arguing that the refusal of the district attorney to prosecute him in a court was a violation of articles 6-1 and 13 of the Convention and that the condemnation by a district attorney and not a court was a violation of article 6-2. The applicants are advised by Me Philippe Yllouz.
On September 29th 2010, the application was communicated to the French Republic with questions to be answered within 16 weeks.
On the same day, the agency Conseil Constitutionnel ruled in the application 2010-38 QPC that the lack of judicial review of the decision taken by the district attorney was a violation of the Constitution.
On 
July 10th 2001 around 6pm, Mr. Yassine Darraj a juvenile of 16 years old, was stopped in Bois-Colombes by police officers for an identity check. He volunteered his identity but was brought nevertheless to the police station of Asnieres-sur-Seine.
There he was arrested without charge. According to the applicant, he was strangled, beaten in the back, insulted because he refused to be handcuffed to a bench. He was then handcuffed hands behind his back and taken to a small corridor where he was beaten in the head and between the legs by 3 police officers.
Around 7pm30, he was transferred to the emergency room of Hospital AP-HP Beaujon in Clichy-la-garenne. An emergency surgery had to be performed during the night and his right testicle was ablated. In July 2002, the applicant was diagnosed with post-traumatic syndrome disorder (PTSD).
On May 23th 2002, the agency CNDS issued his opinion 2001-121 on the case.
On September 27th 2006, the appeal court of Versailles condemned two police officers for unintentional assault (art. 220-20 of penal code) to a fine of 800 euros each. Under article 222-10 of the penal code, mutilation by police officer is punishable by up to 15 years of jail. On February 22th 2007, the legal aid office of the supreme court (Cour de cassation) rejected the application for an appeal. No disciplinary action were taken against the 2 police officers.
On August 3rd 2007, the applicant filed his application with the E.C.H.R arguing that the assault by the police officers resulting in mutilation and post-traumatic syndrome disorder amounted to torture and was a violation of article 3 of the Convention. He added that his detention at the police station was a violation of article 5-1-d) of the Convention.
On June 17th 2009, the application was communicated to the agent of the French Republic with questions to be answered before 16 weeks. On November 5th 2009, the agent submitted his observation to the Court. On December 21th 2009, the applicant replied. The applicant is represented by Me Eric Charlery (Coblence & Associes).
On November 4th 2010, the Court found that the mutilation of the applicant amounted to an inhumane and degrading treatment and a violation of article 3 of the Convention. The Court didn’t examine the allegation of violation of article 5-1. The court condemned the French Republic to pay €15,000 of damages and €4,000 for legal fees to the applicant.
On April 1st 2004, the Court found also a violation of article 3 of the Convention in a similar case (Rivas v. France (59584/00)). On January 14th 1997, Mr. Giovanni Rivas a juvenile of 17 years old, was ablated 2/3 of his testicle during an emergency surgery, following an assault by a police officer at the main police station of Noumea. On March 2nd 1999, the appeal court of Noumea acquitted the police officer charged with assault on the ground of self-defense.
On September 15th 2010, the Committee of Ministers close the examination of the case Rivas v. France with 35 others case in a single resolution ResDH(2010)122, by stating that the general measures described in infamous resolution CM/ResDH(2009)126 will prevent further violation of article 3 of the Convention.
Amnesty International concluded in 2005 to the effective impunity of police officers in France in case of torture and ill-treatment. The same conclusion was reached in 2009.
On 7th June 1999, the applicant was arrested for “attempted murder” and placed in police custody. The next day, he was put under oath and interrogated before he could meet his lawyer. On 9th June 1999, he was suspected of complicity to commit murder and detained in jail pending investigation. On December 8th 2001, he was released on his own recognizance. On March 1st 2002, the charge was changed to “aggravated assault“.
On October 31st 2002, he was condemned for “aggravated assault” by the tribunal of Paris to 5 years in jail. On October 26th 2004, his appeal to the court of appeal of Paris failed. The court motivated its ruling with the judgment of the tribunal of Paris. On June 27th 2006, the supreme court (Cour de cassation) rejected his appeal.
On December 26th 2006, the applicant lodged an application with the Court arguing that to be put under oath was a violation of articles 6-1 and 6-3 of the Convention, that the lack of new motivation of the court of appeal of Paris was a violation of article 6-1 and that his detention of 2 years and 6 months pending investigation was a violation of article 5-3. On March 24th 2009, the application was communicated to the agent for the French government. On September 29th 2009, the applicant requested the Court to organize a public hearing on the case. It was rejected by the Court.
On October 14th 2010, the Court ruled that to put a suspect under oath was a violation of the right to remain silent and the right against self-incrimination, so there were violations of articles 6-1 and 6-3. The Court found the other allegations of violation of the Convention to be inadmissible. The applicant was represented by Me Patrice Spinosi who didn’t return our emails for comment.
The Court also reminded that the right to meet his lawyer prior to any police interrogation, and then to be assisted by his lawyer during these interrogations were both guaranteed by article 6 of the Convention.
Under article 626-1 of the code of penal procedure, the applicant can now request from a special commission, a new trial to redress the violation of article 6 found by the Court.
In February 2007, the president and the general secretary of the municipal police union USPPM distributed a document to the city council members of Vendays Montalivet and key citizens, to inform them of their opinion on a work conflict between a member of their union and the mayor of the city.
On July 18th 2007, the tribunal of Bordeaux condemned the applicants for “public defamation” to a fine of €1,000 and to damages of €2,500 each to be paid to the mayor. On February 1st 2008, their appeal to the court of Bordeaux failed. On December 9th 2008, the supreme court (Cour de cassation) refused to hear their case.
On June 5th 2009, the applicants filed their case with the E.C.H.R, arguing that the judgment was a violation of articles 10 and 11 of the Convention. On June 14th 2010, the application was communicated to the French government with questions to be answered within 16 weeks. The applicants are represented by Me Dorothee Le Fraper du Helen and Me Sophie Baumel who refused to give any information or comment on the case.
Update :
On October 6th 2011, the Court found a violation of article 10 of the Convention and condemned the French Republic to pay €4,000 of damages to the applicants.
On December 15th 2002, Ms. Yekaterina Popov arrived in France from Kazakhstan, to seek asylum. On June 10th 2003, her husband Mr. Vladimir Popov joined her. On January 20th 2004, they were denied refugee status by OFPRA. On May 31st 2005, their appeal to the CRR was rejected. On n/a another application for refugee status was made by the family.
On August 27th 2007, the applicants and their two children (five months and 3 years old) were arrested and detained in police custody on an investigation for “illegal stay“. Then they were detained in an hotel in Angers before being transferred to the immigration detention center of Rouen-Oissel.
On September 10th 2007, the applicants filed their application with the ECHR arguing a violation of articles 3, 5-1-f) and 8 of the Convention due to their detention with their children in police custody and in the immigration detention center. In addition they complained of the violation of articles 3 and 8 if they were to be deported to Kazakhstan. On September 12th 2007, the applicants and their children were released. On July 16th 2009, the CRR granted them refugee status.
On October 19th 2009, the case was communicated to the French Republic with questions to be answered within 16 weeks. On January 19th 2012, the Court ruled that the detention of the 2 children was in violation of article 3 on the ground that the immigration detention center of Rouen-Oissel was not adapted to detain children. It found a violation of articles 5-1-f) and 5-4 of the Convention because the detention of minor is not allowed by the French code of migration and asylum. The Court added that the detention of the family was a violation of article 8 of the Convention.
It awarded the family €10,000 for moral damages and €3,000 for legal fees. The applicants were represented by Me Denis Seguin.
Surprisingly, the Court found no violation of article 5-4 for the parents on the ground that a judge ruled on the legality of their detention at the request of the immigration office. Under French code of migration and asylum, the parents were not entitled to take any proceeding by which the lawfulness of their detention shall be decided (habeas corpus). The Court also didn’t rule on the allegations of violations of the Convention during the detention of the family in police custody.
On February 3rd 2003, an investigation was opened on an armed robbery committed in a jewelry store in Courchevel (France). On January 12th 2004, the French investigating judge requested by letters rogatory that Mr. Boban Stojkovic detained in Bruges (Belgium), be interrogated in presence of his lawyer (art. 113-3 of the code of penal instruction) on his alleged involvement in the armed robbery.
On March 11th and 12th 2004, the applicant was interrogated by Belgium police officers in the presence of the French investigating judge and a French district attorney. The applicant immediately requested the assistance of a lawyer but no lawyer was appointed to him until.. November 2th 2004.
On February 1st 2007, the applicant was formally charged for the armed robbery. On May 9th 2007, the appeal court of Chambery rejected his motion to suppress the transcript of his interrogation of 2004. On November 20th 2007, the supreme court , dismissed his appeal no 07-86503. On December 3rd 2008, the applicant was sentenced to 6 years in jail.
On May 16th 2008, the applicant filed his case with the E.C.H.R arguing a violation of article 6-3-c of the Convention., due to the lack of assistance of a lawyer during his interrogation in 2004. The applicant is represented by Me Michel Jugnet.
On December 2th 2009, the case was communicated to the French Republic with questions in reference to the judgment Salduz v. Turkey (no 36391/02). The agents for the French, Belgium and Serbian States were given the deadline of April 2th 2010 to submit their answers.
Update :
On October 27th 2011, the Court found a violation of articles 6-1 and 6-3-c) of the Convention and condemned the French Republic to pay €5,000 of damages to the applicant.
Mr. Felix Chatellier was a business owner and a client of the French bank BNP for their advisory and financing services. On July 8th 1993, he contracted a 3 months personnal loan of 5 millions French francs (762,245 €) with BNP to finance one of its failing company Rouquey Textile. In late 1995, the companies controlled by the applicant started to file for bankruptcy. In 1997, all of his companies were liquidated.
On November 25th 2004, BNP-Paribas filed a civil lawsuit at the Bordeaux county court to recover the loan made in 1993. On April 6th 2006, the applicant was condemned with provisional execution to pay 625,654.10€ with interest to BNP-Paribas. On May 23th 2006, the applicant appealed the judgment. On March 7th 2007, his appeal was dismissed (art. L526 of the civil procedure) due to his lack of execution of the judgment of first instance. He argued to no avail that he didn’t have the financial resources to do so.
On August 6th 2007, the applicant filed his case with the E.C.H.R arguing a violation of article 6-1 of the Convention. The applicant is represented by Me Olivier Hillel. On September 7th 2009, the case was communicated to the agent of the French governement.
Update :
European Court of Human Rights News 