MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT – SEPARATE OPINIONS
49
12. We cannot follow the majority’s apparent reliance on the subsequent
conviction of some of the applicants (not all of them) as a justification for
the delay in bringing those detained before a judge. We do not subscribe to
the view that respect by the State for the fundamental rights of the
individual is dependent upon reciprocity of respect on the part of the
individual for the State’s criminal law. What is required at the prologue to a
criminal trial hardly depends upon its epilogue.
13. In conclusion, we cannot agree that, in the circumstances of this
case, it was necessary to keep the applicants in detention for thirteen days,
without any proper legal framework, before bringing them before a judge or
other officer authorised by law to exercise judicial power. The French
authorities, very laudably, made every effort to place on board the
Lieutenant de vaisseau Le Hénaff impressive technical and military
manpower to ensure the capture and detention of the suspects. It is
regrettable that they made no effort at all to place the proceedings under
some form of judicial control which would have ensured that the capture
and detention of the suspects was as legitimate as it was successful.
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