MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
17
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 5 § 1 OF THE CONVENTION
38. The applicants claimed that they had been arbitrarily deprived of
their liberty after the ship was boarded by the French authorities. They
relied on Article 5 § 1 of the Convention, the relevant parts of which
provide:
“1. Everyone has the right to liberty and security of person. No one shall be
deprived of his liberty save in the following cases and in accordance with a procedure
prescribed by law:
...
(c) the lawful arrest or detention of a person effected for the purpose of bringing
him before the competent legal authority on reasonable suspicion of having
committed an offence or when it is reasonably considered necessary to prevent his
committing an offence or fleeing after having done so;
...”
A. The Chamber judgment
39. The Chamber disagreed with the French courts’ approach in so far as
they referred to international conventions to which Cambodia was not party
and relied on legal provisions which, at the material time, provided for
extraterritorial intervention by the French authorities only on French ships,
“ships flying the flag of a State Party to the Vienna Convention of
20 December 1988 [which Cambodia has not ratified, as mentioned
previously] ... or lawfully registered in such a State, at the request or with
the agreement of the flag State”, and on ships flying no flag or having no
nationality. In addition to the fact that the Winner did not fit into any of
those categories, it noted that the Law of 15 July 1994 had been amended,
inter alia, so that it no longer referred only to States Parties to the Vienna
Convention. It also considered that the Government’s argument concerning
the applicability of and compliance with the legal provisions concerned was
based on a contradiction, as they had submitted that at the time of the
interception the Winner had been flying no flag, while at the same time
asserting that the French authorities had previously sought confirmation
from the Cambodian authorities that the ship was registered in their country