O’HALLORAN AND FRANCIS v. THE UNITED KINGDOM JUDGMENT –
DISSENTING OPINION OF JUDGE PAVLOVSCHI
33
The last thing I would like to mention is the following. At the end of
paragraph 57 the Court reaches the following conclusion:
“... Those who choose to keep and drive motor cars can be taken to have accepted
certain responsibilities and obligations as part of the regulatory regime relating to
motor vehicles, and in the legal framework of the United Kingdom these
responsibilities include the obligation, in the event of suspected commission of roadtraffic offences, to inform the authorities of the identity of the driver on that
occasion.”
This is another argument with which I am unable to agree. In my
opinion, it would run counter to the letter and the spirit of the Convention to
allow member States to apply to a huge swathe of the population such a
“blanket” statutory deprivation of their fundamental rights in the field of
criminal law and criminal procedure.
Of course, and there should be no doubt about this, motor-car drivers are
under an obligation to comply with the various traffic regulations. However,
when one of their number faces criminal prosecution and trial, he or she
must enjoy all the guarantees provided by Article 6, regardless of how
heavy a burden this entails.
These are the reasons which prevent me from sharing the position taken
by the majority in the present case.