BERNARD JUDGMENT OF 23 APRIL 1998 9 C. Psychiatric reports 23. Psychiatric reports are the subject of the following provisions: Article 164 “... Where they [the experts] consider it necessary to question the accused ... the interview shall be conducted in their presence by the investigating judge or judge appointed by the court and shall in all cases comply with the formalities and conditions provided for in Articles 118 and 119.” Article 81, paragraph 7 “An investigating judge may prescribe a medical examination, instruct a doctor to carry out a medical and psychological examination or order any other necessary measures. If the investigating judge decides to refuse a request for such an examination by the accused or his counsel, he must do so by means of an order stating his reasons.” PROCEEDINGS BEFORE THE COMMISSION 24. Mr Bernard applied to the Commission on 29 May 1993. He complained of an infringement of his right to a fair trial and of the principle of the presumption of innocence, and relied on Article 6 §§ 1 and 2 of the Convention. 25. The Commission (Second Chamber) declared the application (no. 22885/93) admissible on 18 October 1995. In its report of 22 October 1996 (Article 31), it expressed the opinion, by seven votes to seven with the President’s casting vote, that there had been a violation of Article 6 § 1 and that it was not necessary to consider the complaint relating to Article 6 § 2. The full text of the Commission’s opinion and of the dissenting opinion contained in the report is reproduced as an annex to this judgment1. FINAL SUBMISSIONS TO THE COURT 26. The Government asked the Court to hold that there had been no breach of Article 6 §§ 1 and 2 of the Convention. 1. Note by the Registrar. For practical reasons this annex will appear only with the printed version of the judgment (in Reports of Judgments and Decisions 1998), but a copy of the Commission’s report is obtainable from the registry.