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H. v. FRANCE

Doc ref: 11138/84 • ECHR ID: 001-542

Document date: May 13, 1986

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Cited paragraphs: 0
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H. v. FRANCE

Doc ref: 11138/84 • ECHR ID: 001-542

Document date: May 13, 1986

Cited paragraphs only

The European Commission of Human Rights sitting in private on

13 May 1986, the following members being present:

MM. C. A. NØRGAARD, President

G. SPERDUTI

J. A. FROWEIN

F. ERMACORA

E. BUSUTTIL

G. JÖRUNDSSON

S. TRECHSEL

B. KIERNAN

A. WEITZEL

J. C. SOYER

H. G. SCHERMERS

H. DANELIUS

G. BATLINER

Mrs. G. H. THUNE

Sir Basil HALL

Mr. H. C. KRÜGER Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection of

Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 23 March 1984 by

H. against France and registered on 14 September 1984 under

file No. 11138/84;

Having regard to the report provided for in Rule 40 of the Rules of

Procedure of the Commission;

Having regard to:

- The Commission's decision of 5 March 1985 to bring the

application to the notice of the respondent Government and invite them

to submit written observations on its admissiblity and merits;

- the observations submitted by the respondent Government on

16 August 1985 and the reply submitted by the applicant's

representatives on 24 March 1986.

Having deliberated;

Decides as follows:

THE FACTS

The facts as they have been submitted on behalf of the applicant, a

Lebanese citizen born in 1950, by his legal representatives

Messrs. Harold Weston & Co., Solicitors of Croydon, are as follows:

On 15 May 1983 the applicant travelled to London in the course of his

employment as an airline steward with Middle East Airlines. He was

arrested by police officers of the Scotland Yard Extradition Squad on

an international warrant issued by the Government of France and

subsequently taken to Bow Street Police Station in London and

interviewed.

On 16 May 1983 the applicant was brought before Bow Street

Magistrates' Court and remanded in custody in relation to his

requested extradition to France to face charges of importing drugs

into France.

The request for extradition was heard on 1 November 1983 before the

Chief Metropolitan Stipendiary Magistrate. The French Government's

application for extradition was refused on the grounds that there was

insufficient evidence against the applicant to justify his

extradition.

At the conclusion of the court proceedings in London attempts were

made to resolve the difficulties between the applicant and the French

authorities. The applicant submits that the French authorities were

unforthcoming until a letter was received from the Office of the

Procurator General dated 22 March 1984 which confirmed the information

that the applicant had received by means of private enquiries, namely

that the applicant had been tried in absentia in Paris on 19 January

1984 and convicted and sentenced to 10 years' imprisonment.

The applicant was subsequently informed that the Procureur de la

République de Paris had lodged a general appeal against the judgment

of 19 January 1984. However, it is not clear to what extent, if any,

such an appeal is open to the applicant and, in the event that it is,

whether he has the right to be represented without being personally

present.

COMPLAINTS

The applicant complains that he has been convicted in absentia in

(France in proceedings which were not fair, contrary to

Article 6 (art. 6). He submits that he could be subject to further

procedural handicaps if he were to submit to French jurisdiction.

He also complains about the effect of the international warrant, and

invokes Article 5 para. 1 (art. 5-1) and Article 8 para. 1 (art. 8-1)

of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 23 March 1984 and registered on

14 September 1984.

On 5 March 1985 the Commission decided to bring the application to the

notice of the respondent Government pursuant to Rule 42 para. 2(b) of

the Rules of Procedure and to invite them to submit written

observations on its admissibility and merits.

After the grant of extensions, the respondent Government's

observations were filed on 16 August 1985. On 22 October 1985 the

applicant's representatives requested an English translation of the

respondent Government's observations which was provided by the

Secretariat on 4 December 1985.

On 17 March 1986, in view of the lack of a further reply from the

applicant's representatives, the Rapporteur requested information from

them pursuant to Rule 40 para. 2(a) of the Rules of Procedure as to

whether they intended to file a reply.

On 24 March 1986 the applicant's representatives informed the

Commission that they had lost touch with the applicant and that, since

they were without further instructions, they could not add to the

submissions already made on his behalf.

FINDINGS OF THE COMMISSION

The applicant has complained of the conformity of criminal proceedings

against him in absentia with Article 6 of the Convention (art. 6) and

invoked Articles 5 and 8 of the Convention (art. 5, 8) in respect

of the continuing international warrant for his arrest.

However, the applicant's representatives have informed the Commission

that they have lost touch with the applicant and are without

instructions and cannot therefore make any further submissions on his

behalf.

In these circumstances the Commission finds that the applicant has

shown a lack of interest in maintaining his application and that there

are no reasons of a general character affecting the observance of the

Convention which necessitate a further examination of the case.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)

LEXI

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