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CASE OF HUVIG AGAINST FRANCE

Doc ref: 11105/84 • ECHR ID: 001-55545

Document date: June 15, 1992

Inbound citations: 1
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Cited paragraphs: 0
•
Outbound citations: 0

CASE OF HUVIG AGAINST FRANCE

Doc ref: 11105/84 • ECHR ID: 001-55545

Document date: June 15, 1992

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Huvig case delivered on 24 April 1990 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

France lodged with the European Commission of Human Rights

on 9 August 1984 under Article 25 (art. 25) of the Convention by

Mr Jacques Huvig and Mrs Janine Huvig-Sylvestre, French

nationals, who complained of telephone tapping carried out during

a criminal procedure instituted against them;

Recalling that the case was brought before the Court by the

Commission on 16 March 1989;

Whereas in its judgment of 24 April 1990 the Court

unanimously:

- held that there had been a breach of Article 8

(art. 8) of the Convention;

- held that it was unnecessary to apply Article 50

(art. 50);

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of

the Convention;

Having invited the Government of France to inform it of the

measures which had been taken in consequence of the judgment of

24 April 1990, having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of France gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution,

Declares, after having taken note of the information

supplied by the Government of France, that it has exercised its

functions under Article 54 (art. 54) of the Convention in this

case.

Appendix to Resolution DH(92)40

Information provided by the Government of France

during the examination of the Huvig case

by the Committee of Ministers

The act of 10 July 1991 concerning the secrecy of

telecommunications, which came into force on 1 October 1991,

added an Article 100 to the Code of Criminal Procedure relating

to interceptions ordered by the judiciary.

Under Article 100-1 the investigating judge may, if the

apposite penalty is equal or superior to two years imprisonment

and when the investigation requires it, order the interception,

recording and transcription of telecommunications. The decision

to intercept, which must be taken in writing, is not of a

judicial nature and cannot be appealed against. Article 100-1 specifies

that this decision must contain all elements permitting

identification of the line to be intercepted and state the

offence which justifies recourse to interception. In addition

it must specify its duration, which Article 100-2 sets for a

maximum period of four months, renewable only accordingly to the

same conditions.

Article 100-4 provides that each interception and recording

operation must be mentioned on a record which states the date and

the hour on which it started and those when it was terminated.

The transcription of a communication which is of evidential

value must also be recorded in accordance with Article 100-5.

This record becomes part of the file.

Article 100-6 provides that the recordings will be destroyed

on the initiative of the prosecution after expiry of the time

limit for bringing a prosecution and that such destruction be

recorded.

Finally, under the terms of Article 100-7, no telephone line

to a lawyer's office or his home may be intercepted without the

President of the Bar having been previously informed by the

investigating judge.

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