MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
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“wholly exceptional circumstances”, in particular the time it inevitably took
to get the Winner to France.
B. The parties’ submissions before the Grand Chamber
1. The applicants
106. The applicants argued that the case-law of the Court has always
emphasised the importance of the provisions of Article 5 § 3 of the
Convention and the need for the Contracting States to have a legal
framework that offers sufficient guarantees against arbitrary deprivation of
liberty. They submitted that the “exceptional circumstances” found in the
Rigopoulos case (cited above) had not been established in their case:
inevitable duration of the sea voyage, deprivation of liberty under the
supervision of a “judge or other officer authorised by law to exercise
judicial power” within the meaning of Article 5 § 3 of the Convention and
immediate presentation before a judge upon landing.
107. They contended that exceptional circumstances could justify failure
to bring a person promptly before a judge only if the detention was
supervised and controlled by a legal authority, which was not the case here.
The applicants considered that the reasons given by the Chamber in its
judgment (paragraph 68) were insufficient and left some important
questions unanswered. They objected to the argument concerning “the time
it inevitably took the Winner to reach France” in so far as they could have
been repatriated on the French frigate instead of the Winner, which was in a
deplorable state of repair.
108. The applicants further complained that after thirteen days of
detention at sea they had been held in police custody for two or three days
before being presented before a judge or other officer authorised by law to
exercise judicial power, and finally all placed under investigation and
remanded in custody, regardless of their degree of involvement in the
traffic.
109. As well as disputing the fact that police custody helped to protect
individual freedoms and the rights of the defence, because they had had no
access to the case file and had been unable to consult a lawyer before the
seventy-second hour, they complained that they had not been brought before
the liberties and detention judge as soon as they arrived in Brest. On this
point they noted that the interception had been planned for several weeks
and the investigation opened no later than 24 June 2002: the two or three
extra days in police custody had therefore been unnecessary. In view of the
thirteen days’ deprivation of liberty on board the Winner, those two or three
extra days were not in compliance with the requirement of promptness
enshrined in Article 5 § 3.