MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
3
(b) for the applicants
Mr P. SPINOSI, member of the Conseil d’Etat and
Court of Cassation Bar,
Counsel.
The Court heard addresses by Mr Spinosi and Mrs Belliard.
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
9. The applicants were crew members on a merchant ship named the
Winner, registered in Cambodia. The ship had attracted the attention of the
American, Spanish and Greek anti-drug services when the Central Office
Against Illegal Drug Trafficking (l’Office Central de Répression du Trafic
Illicite des Stupéfiants – “the OCRTIS”), a ministerial body attached to the
Central Police Directorate of the French Ministry of the Interior, requested
authorisation to intercept it. The OCRTIS suspected the ship of carrying
large quantities of drugs, with the intention of transferring them to
speedboats off the Canary Islands for subsequent delivery to the coasts of
Europe.
10. In a diplomatic note dated 7 June 2002, in response to a request from
the French embassy in Phnom Penh, the Cambodian Minister for Foreign
Affairs and International Cooperation gave his government’s agreement for
the French authorities to take action, in the following terms:
“The Ministry of Foreign Affairs and International Cooperation presents its
compliments to the French embassy in Phnom Penh and, referring to its note
no. 507/2002 dated 7 June 2002, has the honour formally to confirm that the royal
government of Cambodia authorises the French authorities to intercept, inspect and
take legal action against the ship Winner, flying the Cambodian flag XUDJ3,
belonging to ‘Sherlock Marine’ in the Marshall Islands.
The Ministry of Foreign Affairs and International Cooperation takes this opportunity
to renew its assurance of its high esteem.”
11. In a diplomatic telegram dated the same day, the French embassy in
Phnom Penh passed on the information to the Ministry of Defence in Paris.
12. The commander of the French frigate Lieutenant de vaisseau Le
Hénaff, which lay at anchor in Brest harbour and had been assigned a
mission off the coast of Africa, was instructed by the French naval
authorities to locate and intercept the Winner. The frigate left Brest harbour
the same day to search for and intercept the Winner, with the French navy
commando unit Jaubert, a special forces team specialised in boarding