You are currently browsing the tag archive for the ‘groundless judgment’ tag.
On January 1st 2001, Mr. A. was wounded in an exchange of fire in the French island of la Reunion. On March 17th 2006, Mr. David Fraumens was considered a suspect in the investigation. On March 27th 2007, the applicant was charged with “attempted murder” (art.121-4 and 221-1 of the penal code). On December 7th 2007, the criminal court of Saint-Denis de la Reunion acquitted the applicant. The prosecutor general appealed the judgment of acquittal (art.380-2 of the code of penal procedure).
On October 3rd 2008, the criminal court of Saint-Denis de la Reunion found the applicant guilty and sentenced him to 30 years in prison. On December 9th 2009, the French supreme court (Cour de cassation) rejected his appeal (case 08-87172).
On May 15th 2009, Mr. David Fraumens filed an application to the ECHR (see below) on the ground that the criminal court judgment was groundless in regard to his guilt and to the length of his sentence, in violation of article 6-1 of the Convention. On August 25th 2011, the application was communicated to the agent of the French government with questions to be answered within 16 weeks. The applicant is represented by Me Luc Misson (Liege).