8
MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
law, and for the fact that it is impossible in practice, bearing in mind the time needed
to sail to the new port of destination, to apply the ordinary rules governing detention
and the right to be brought promptly before a judge; and, that being so, that the
restrictions placed on the movements of the boarded ship’s crew, as authorised in such
cases by the United Nations Convention signed in Vienna on 20 December 1988, were
not at variance with Article 5 § 3 of the European Convention on Human Rights and
did not amount to unlawful detention; and that it should be noted that as soon as the
Winner docked in Brest, its crew were handed over to the police, immediately
informed of their rights and placed in custody, then brought before the investigating
judge.
Considering also that the French courts have jurisdiction under the Law of 15 July
1994 as amended.
... the grounds of nullity must accordingly be rejected [and] there is no reason to
disallow any other documents from the proceedings, which are lawful.”
23. In a judgment of 15 January 2003, the Court of Cassation dismissed
an appeal lodged by the applicants in the following terms:
“... in so far as Cambodia, the flag State, expressly and without restriction authorised
the French authorities to stop the Winner and, in keeping with Article 17 of the
Vienna Convention, only appropriate action was taken against the persons on board,
who were lawfully taken into police custody as soon as they landed on French soil, the
Investigation Division has justified its decision.”
24. On 28 May 2005, the Ille-et-Vilaine Special Assize Court found
three applicants – Mr Boreas, Mr Sage Martínez and Mr Cabrera Leon – and
one other crew member, S.T., guilty of conspiracy to illegally attempt to
import narcotics and sentenced them respectively to twenty years’, ten
years’, three years’ and eighteen years’ imprisonment. However, Mr Boreas
and S.T. were acquitted of the charge of leading or organising a gang for the
purposes of drug trafficking. The Assize Court acquitted the other six
applicants and O.L., another crew member, of the charges against them.
25. In a judgment of 6 July 2007, the Loire-Atlantique Assize Court,
examining an appeal lodged by Mr Boreas, Mr Sage Martínez and S.T.,
upheld the conviction and sentenced them respectively to twenty, twelve
and seventeen years’ imprisonment. On 9 April 2008 the Court of Cassation
dismissed an appeal on points of law lodged by S.T. and Mr Boreas.
26. In a note of 9 September 2008, in reply to a request submitted by the
French embassy in Phnom Penh on 3 September 2008, the Ministry of
Foreign Affairs and International Cooperation of Cambodia confirmed that
its diplomatic note of 7 June 2002 had “indeed authorised the French
authorities to intercept and carry out all necessary operations for the
inspection, seizure and legal proceedings against the ship Winner, flying the
Cambodian flag, but also against all the members of its crew”.