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On May 6th 2008, Greenpeace France challenged the legality of the executive order 2008-209 at the administrative supreme court (Conseil d’etat). The executive order was taken by the French prime minister after receiving secret legal advice from unknown staff of Conseil d’etat, secret report from ministry of ecology and opinion 2008-AV-0054 of French Authority of Nuclear Safety (ASN). On July 9th 2009*, the private company AREVA owned, funded and controlled by the French Republic, submitted a secret brief “amicus curiae“*. On July 10th 2009, an hearing was organized on the case (no 315980) during when the “public adviser” submitted a secret brief*. After the hearing, the ministry of ecology submitted a secret brief*.
On July 28th 2009, Greenpeace France was informed that a groundless decision was taken not to rule on the case until further notice. On March 22nd 2010*, a secret hearing was organized where witnesses didn’t testify under oath (art.R623-5 of the code of administrative justice). On May 21st 2010*, a hearing was organized and a secret brief* was submitted by the “public adviser“. On June 30th 2010, unnamed administrative judges released a decision dismissing the legal challenge of Greenpeace.
On September 22nd 2010, Greenpeace France filed an application with the ECHR (see below) arguing that the groundless decision not to rule, the testifying of witnesses who didn’t take the oath, the secrecy of the hearing of March 22nd 2010, the lacking of the transcript of the secret hearing, the refusal to communicate to Greenpeace France the 2 secret briefs of the “public adviser” were a violation of article 6-1 of the Convention. On December 13th 2011, Judge Villiger (Liechtenstein), Judge Jungwiert (Czech Republic) and Judge Yudkivska (Ukraine) ruled the application inadmissible as manifestly ill-founded (art.35-3-a) on the ground that Greenpeace France was acting “to protect the rights of citizens to live in an healthy environment” rather than its own rights. Greenpeace France was represented by Me Alexandre Faro (Paris).
*the date of the hearings and the existence of the secret briefs was not revealed in the Conseil d’Etat decision of the June 30th 2010 but only in the ECHR application of Greenpeace France.
From October 9th 2003, according to Mr. Pierre-Yves Chereul, the new headmaster T. of a junior high school in Nimes, began to harass him at work. On May 12th 2004, T. obtained a disciplinary sanction against the applicant. On December 7th 2006, the administrative tribunal of Nimes annulled the sanction.
On March 24th 2004, T. wrote a private letter about the alleged behavior of the applicant during a meeting on March 22nd, to G. head of the local parent association (FCPE). T. informed G. that he will use his answer in a disciplinary proceeding against the applicant. The letter was communicated to the two members of the parent association present at the meeting. They both denied the veracity of the allegations of T.
The applicant was denied legal aid by the employer of T. to sue T. for libel. Nevertheless, the applicant sued T. for libel at the tribunal of Nimes. On May 19th 2004, the district attorney submitted on behalf of the employer of T. a motion to dismiss the case arguing that the tribunal was not competent to hear the case. On October 14th 2004, the tribunal ruled to be non competent to hear the case. On November 21st 2006, the appeal court of Nimes confirmed the ruling. On March 5th 2008, the supreme court rejected the appeal of the applicant (case 07-12451).
On May 7th 2008, the applicant lodged a case to the European Court of Human Rights arguing that the refusals to hear his case were against the supreme court case-law in violation of article 6-1 of the Convention.
Surprisingly, on May 19th 2011, Judge Karel Jungwiert (Czech Republic) of the 5th section of the Court deemed the case Chereul v. France (24631/08) inadmissible. The registrar of the Court also informed the applicant that no ground for the decision will be given and that they will destroy all files of the case in 1 year.
Ms. Martine Gardenal is a general practitioner practicing homeopathic medicine in Saint-Germain-en-Laye. She is not a health care provider under contract with the national health insurance (Assurance Maladie).
On December 14th 2005, she is condemned by the regional medical council to 6 months suspension of delivering care to members of the national health insurance following a complain of the national health insurance. On March 21th 2007, the sentence is confirmed by the national medical council. On January 24th 2008, the administrative supreme court (conseil d’etat) rejected her appeal.
On July 11th 2008, the applicant submitted her case to the European Court of Human Rights arguing that the refusal by the plaintiff to communicate her transcripts of patients interrogation was a violation of article 6-1 of the Convention. She added that the fact that judges of the national medical council belong to the national health insurance was another violation of article 6-1 and that her loss of revenues a violation of article 1 Protocole no 1. The applicant was represented by Me Laurent Hincker (Strasbourg).
On February 18th 2010, the Court found in judgment Baccichetti v. France (22584/06) a violation of article 6-1 of the Convention because the plaintiff didn’t communicate to the applicant a report submitted to the judges of the national medical council.
Surprisingly, on December 2nd 2010, Judge Karel Jungwiert (Czech Republic) of the 5th section of the Court deemed the case Gardenal v. France (35040/08) inadmissible. The registrar of the Court also informed the applicant that no ground for the decision will be given and that it will destroy all archives regarding the case in 1 year.
On June 24th 1996, the European Commission of Human Rights ruled the case Ramirez Sanchez v. France (28780/95) was inadmissible (see previous post), based on the “fact” that the abduction was carried out by the Sudanese authority so the Commission was incompetent ratione personae. The Commission also added that the rendition to France by French domestic intelligence agency (DST), was part of a “cooperation” between the French government and the state of Sudan which didn’t amount to a violation of article 5.
On January 10th 2006, the daily newspaper Le Figaro published an interview of an ex-agent of the French domestic intelligence agency on the abduction and rendition of Mr. Ramirez Sanchez. On June 28th 2006, the applicant pressed charges for “abduction” and “sequestration” to the investigating judges of Paris court. On May 3rd 2007, an investigation judge closed the case without opening an investigation. On September 24th 2007, the investigation chamber of the appeal court of Paris confirmed the refusal to open an investigation. On 2008, it was revealed that a CIA agent was also involved in the planning of the abduction and rendition of the applicant.
On February 25th 2009, the applicant filed his case (13019/09) with the European Court. On July 8th 2009, he submitted a brief [fr] arguing a violation of articles 5, 6-1, 13, 17 in conjunction with article 14. The applicant argued that his abduction was carried out by French agents of DST with the help of a local politician with no executive mandate. He added that his abduction and rendition to France were also planned by the CIA and were not the result of a judicial cooperation between States.
On September 28th 2010, case El-Masri (39630/09) was communicated to Macedonia by the 5th section of the Court with detailed questions to be answered within 16 weeks (art.3,5,8,10,13). The case regards the abduction of a German citizen and his rendition to Afghanistan by CIA agents.
Surprisingly, on December 16th 2010, Judge Karel Jungwiert (Czech Republic) of the 5th section of the Court deemed the case Ramirez Sanchez (13019/09) inadmissible. The registrar of the Court informed the applicant that no ground for the decision will be given and that they will destroy all files regarding the case in 1 year (see below). The applicant was represented by Me Coutant-Peyre (Paris).
European Court of Human Rights News 