Information Note on the Court’s case-law 252

June 2021

Minteh v. France (communicated case) - 23624/20

Article 6

Criminal proceedings

Article 6-1

Fair hearing

Criminal conviction for refusal to disclose the security code to unlock a mobile phone during police custody: communicated

Article 8

Article 8-1

Respect for correspondence

Respect for private life

Criminal conviction for refusal to disclose the security code to unlock a mobile phone during police custody: communicated

It is an offence under the French criminal code “for an individual having knowledge of the decryption procedure for access to an encrypted device that could have been used to prepare, facilitate or commit a serious offence, to refuse to disclose that procedure to the judicial authorities or to use it when so directed by the authorities …” (Article 434-15-2).

Having been convicted on the basis of that provision for refusing to disclose to the police the code to unlock his mobile phone while he was in police custody, the applicant complains of a breach of his right to remain silent and not to incriminate himself, together with a breach of his right to respect for his private life and for his correspondence.

Case communicated under Article 6 § 1 and Article 8 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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