SELMOUNI v. FRANCE JUDGMENT
22
Bobigny public prosecutor’s office, which had subsequently requested, on
22 February 1993, that an investigation be opened. The Government also
noted that although the handling of the proceedings had not been uniform,
since periods of special diligence had alternated with periods of inactivity,
the police officers had nonetheless ultimately been committed for trial at the
Versailles Criminal Court. The Government pointed out that if the police
officers were convicted, the applicant could, in his capacity as a civil party,
claim compensation for the damage he had sustained. From that point of
view, his application to join the criminal proceedings could not therefore be
deemed to be “ineffective” within the meaning of Convention case-law.
The Government argued that the present case was distinguishable from
the Mitap and Müftüoğlu v. Turkey case referred to by the Commission in
its decision on admissibility (applications nos. 15530/89 and 15531/89,
decision of 10 October 1991, Decisions and Reports (DR) 72, p. 169) and
the cases of Tomasi v. France (application no. 12850/87, decision of
13 March 1990, DR 64, p. 128) and Ringeisen v. Austria (judgment of
16 July 1971, Series A no. 13), in which it had been acknowledged that the
last stage of domestic remedies had been reached shortly after the lodging of
the application but before the Commission had been called upon to decide
on admissibility. Not only had the Commission not followed its usual caselaw but, furthermore, the Mitap and Müftüoğlu case had concerned the
length of the proceedings and not an alleged violation of Article 3.
The Government submitted that the excessive length of time taken to
examine the applicant’s complaint could not ipso facto lead to a finding that
the remedy was ineffective; that due consideration should be given in the
present case to the fact that the police officers in question were having to
answer for their acts before the national criminal courts; and that the
application brought before the Court was therefore premature.
72. The applicant replied that he had satisfied the obligation to exhaust
domestic remedies. He observed that he had informed the officer of the
National Police Inspectorate at the end of their interview on 1 December
1992 that he was lodging a complaint. He added that, owing to the failure of
the public prosecutor’s office at the Bobigny tribunal de grande instance to
take any action, he had on 1 February 1993 lodged a criminal complaint
with the senior investigating judge together with an application to join the
proceedings as a civil party. His complaint and application had been
registered on 15 March 1993. Thereafter, the applicant alleged, he had had
no remedy with which to expedite the proceedings. He referred to the
Aksoy v. Turkey case (judgment of 18 December 1996, Reports 1996-VI) to
support his submission that “there is no obligation to have recourse to
remedies which are inadequate or ineffective”, maintaining that that
definitely applied in the instant case.