MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
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Section 3 – Rules governing action
Article 9 – Authorised actions
1. Having received the authorisation of the flag State, and subject to the conditions
or limitations, if any, made under Article 8, paragraph 1, the intervening State may
take the following actions:
i.
a. stop and board the vessel;
b. establish effective control of the vessel and over any person thereon;
c. take any action provided for in sub-paragraph ii of this Article which is
considered necessary to establish whether a relevant offence has been committed
and to secure any evidence thereof;
d. require the vessel and any persons thereon to be taken into the territory of the
intervening State and detain the vessel there for the purpose of carrying out further
investigations;
ii. and, having established effective control of the vessel:
a. search the vessel, anyone on it and anything in it, including its cargo;
b. open or require the opening of any containers, and test or take samples of
anything on the vessel;
c. require any person on the vessel to give information concerning himself or
anything on the vessel;
d. require the production of documents, books or records relating to the vessel or
any persons or objects on it, and make photographs or copies of anything the
production of which the competent authorities have the power to require;
e. seize, secure and protect any evidence or material discovered on the vessel.
2. Any action taken under paragraph 1 of this Article shall be without prejudice to
any right existing under the law of the intervening State of suspected persons not to
incriminate themselves.
Article 10 – Enforcement measures
1. Where, as a result of action taken under Article 9, the intervening State has
evidence that a relevant offence has been committed which would be sufficient under
its laws to justify its either arresting the persons concerned or detaining the vessel, or
both, it may so proceed.
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