24
MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
recognised and defined the extraterritorial exercise of jurisdiction by the
relevant State (ibid., § 73).
66. In the instant case, the Court notes that a French warship, the frigate
Lieutenant de vaisseau Le Hénaff, was specially instructed by the French
naval authorities to intercept the Winner, and that the frigate sailed out of
Brest harbour on that mission carrying on board the French navy commando
unit Jaubert, a special forces team specialised in boarding vessels at sea.
When the Winner was spotted off Cape Verde on 13 June 2002, the frigate
issued several warnings and fired warning shots, before firing directly at the
merchant ship, under orders from France’s maritime prefect for the Atlantic.
When they boarded the Winner, the French commando team were obliged to
use their weapons to defend themselves, and subsequently kept the crew
members under their exclusive guard and confined them to their cabins
during the journey to France, where they arrived on 26 June 2002. The
rerouting of the Winner to France, by a decision of the French authorities,
was made possible by sending a tug out of Brest harbour to tow the ship
back to the French port, escorted by another warship, the frigate
Commandant Bouan, all under orders from the maritime prefect and at the
request of the Brest public prosecutor.
67. That being so, the Court considers that, as this was a case of France
having exercised full and exclusive control over the Winner and its crew, at
least de facto, from the time of its interception, in a continuous and
uninterrupted manner until they were tried in France, the applicants were
effectively within France’s jurisdiction for the purposes of Article 1 of the
Convention (contrast Banković and Others, cited above).
2. The Government’s preliminary observations
68. The Court notes at the outset that the Government contended for the
first time before the Grand Chamber, in their preliminary observations, that
the applicants’ complaints were incompatible ratione materiae with the
provisions of Article 5 of the Convention, their observations on the merits
being submitted only “in the alternative”.
69. The Grand Chamber reiterates that it is not precluded from deciding
in appropriate cases questions concerning the admissibility of an application
under Article 35 § 4 of the Convention, as that provision enables the Court
to dismiss applications it considers inadmissible “at any stage of the
proceedings” (see Odièvre v. France [GC], no. 42326/98, § 22, ECHR
2003-III; Azinas v. Cyprus [GC], no. 56679/00, § 32, ECHR 2004-III;
Yumak and Sadak v. Turkey [GC], no. 10226/03, § 72, ECHR 2008; and
Mooren v. Germany [GC], no. 11364/03, § 57, 9 July 2009). Under Rule 55
of the Rules of Court, any plea of inadmissibility must, in so far as its
character and the circumstances permit, be raised by the respondent
Contracting Party in its observations on the admissibility of the application
submitted as provided in Rule 54 (compare N.C. v. Italy [GC],