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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.
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.