SELMOUNI v. FRANCE

• Judgment Date: 28 July 1999
• ECLI: ECLI:CE:ECHR:1999:0728JUD002580394
• Respondent State: France
• Date: 28 July 1999
• Application Number: 25803/94
• Court: Grand Chamber (European Court of Human Rights)
• Counsel: N/A
• Applied Rules: 3;6;6-1;35;35-1;41
• Official Gazette Publication: [object Object]

CASE OF SELMOUNI v. FRANCE

(Application no. 25803/94)

JUDGMENT

STRASBOURG

28 JULY 1999

In the case of Selmouni v. France,

The European Court of Human Rights, sitting, in accordance with Article 27 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), as amended by Protocol No. 11[1], and the relevant provisions of the Rules of Court2, as a Grand Chamber composed of the following judges:

MrL. Wildhaber, President,
MrL. Ferrari Bravo,
MrG. Bonello,
MrL. Caflisch,
MrP. Kūris,
MrJ.-P. Costa,
MrW. Fuhrmann,
MrK. Jungwiert,
MrM. Fischbach,
MrB. Zupančič,
MrsN. Vajić,
MrJ. Hedigan,
MrsW. Thomassen,
MrsM. Tsatsa-Nikolovska,
MrT. Panţîru,
MrR. Maruste,
MrK. Traja,
and also of Mrs M. de Boer-Buquicchio, Deputy Registrar,

Having deliberated in private on 18 March, 24 June and 7 July 1999,

Delivers the following judgment, which was adopted on the last‑mentioned date:

PROCEDURE

1. The case was referred to the Court, as established under former Article 19 of the Convention[3], by the European Commission of Human Rights (“the Commission”) and by the Netherlands Government on 16 March 1998 and 14 April 1998 respectively, within the three-month period laid down by former Articles 32 § 1 and 47 of the Convention. It originated in an application (no. 25803/94) against the French Republic lodged with the Commission under former Article 25 by a Netherlands and Moroccan national, Mr Ahmed Selmouni, on 28 December 1992.

The Commission’s request referred to former Articles 44 and 48 and to the declaration whereby France recognised the compulsory jurisdiction of the Court (former Article 46); the Netherlands Government’s application referred to former Article 48. The object of the request and of the application was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Articles 3 and 6 § 1 of the Convention.

2. In response to the enquiry made in accordance with Rule 33 § 3 (d) of former Rules of Court A[2], the applicant stated that he wished to take part in the proceedings and designated the lawyer who would represent him (former Rule 30).

3. As President of the Chamber which had originally been constituted (former Article 43 of the Convention and former Rule 21) in order to deal, in particular, with procedural matters that might arise before the entry into force of Protocol No. 11, Mr R. Bernhardt, the President of the Court at the time, acting through the Registrar, consulted the Agents of the Governments, the applicant’s lawyer and the Delegate of the Commission on the organisation of the written procedure. Pursuant to the order made in consequence, the Registrar received the applicant’s memorial on 27 November 1998 and those of the French Government (“the Government”) and the Netherlands Government on 7 December 1998.

4. After the entry into force of Protocol No. 11 on 1 November 1998 and in accordance with the provisions of Article 5 § 5 thereof, the case was referred to the Grand Chamber of the Court. The Grand Chamber included ex officio Mr J.-P. Costa, the judge elected in respect of France (Article 27 § 2 of the Convention and Rule 24 § 4 of the Rules of Court), Mr L. Wildhaber, the President of the Court, Mrs E. Palm, Vice-President of the Court, and Mr M. Fischbach, Vice-President of Section (Article 27 § 3 of the Convention and Rule 24 §§ 3 and 5 (a)). The other members appointed to complete the Grand Chamber were Mr L. Ferrari Bravo, Mr L. Caflisch, Mr P. Kūris, Mr W. Fuhrmann, Mr K. Jungwiert, Mr M. Zupančič, Mrs N. Vajić, Mr J. Hedigan, Mrs W. Thomassen, Mrs Tsatsa-Nikolovska, Mr T. Panţîru, Mr E. Levits and Mr K. Traja (Rule 24 § 3 and Rule 100 § 4). Subsequently Mr G. Bonello and Mr R. Maruste, substitute judges, replaced Mrs Palm and Mr Levits, who were unable to take part in the further consideration of the case (Rule 24 § 5 (b)).

5. At the Court’s invitation (Rule 99), the Commission delegated one of its members, Mr D. Šváby, to take part in the proceedings before the Grand Chamber.

6. In accordance with the President’s decision, a hearing took place in public in the Human Rights Building, Strasbourg, on 18 March 1999.

There appeared before the Court:

(a) for the Government
MrJ.-F. Dobelle, Deputy Director of Legal Affairs,
Ministry of Foreign Affairs,Agent,
MrsM. Dubrocard, Assistant Director of Human Rights,
Legal Affairs Department,
Ministry of Foreign Affairs,
MrsF. Doublet, Head of the Comparative and International
Law Office, Civil Liberties and Legal Affairs
Department, Ministry of the Interior,
MrJ.-C. Muller, Department of Criminal Affairs
and Pardons, Ministry of Justice,Advisers;

(b) for the applicant
MrsM.-A. Canu-Bernard, of the Paris Bar,Counsel;

(c) for the Commission
MrD. Šváby,Delegate.

The Court heard...