MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
1
In the case of Medvedyev and Others v. France,
The European Court of Human Rights, sitting as a Grand Chamber
composed of:
Nicolas Bratza, President,
Jean-Paul Costa,
Christos Rozakis,
Françoise Tulkens,
Josep Casadevall,
Giovanni Bonello,
Corneliu Bîrsan,
Boštjan M. Zupančič,
Lech Garlicki,
Elisabet Fura,
Khanlar Hajiyev,
Dean Spielmann,
Ján Šikuta,
George Nicolaou,
Nona Tsotsoria,
Ann Power,
Mihai Poalelungi, judges,
and Michael O’Boyle, Deputy Registrar,
Having deliberated in private on 6 May 2009 and 3 February 2010,
Delivers the following judgment, which was adopted on the lastmentioned date:
PROCEDURE
1. The case originated in an application (no. 3394/03) against the French
Republic lodged with the Court on 19 December 2002 under Article 34 of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (“the Convention”) by Mr Oleksandr Medvedyev and Mr Borys
Bilenikin, Ukrainian nationals, Mr Nicolae Balaban, Mr Puiu Dodica,
Mr Nicu Stelian Manolache and Mr Viorel Petcu, Romanian nationals,
Mr Georgios Boreas, a Greek national, and Mr Sergio Cabrera Leon and
Mr Guillermo Luis Eduar Sage Martínez, Chilean nationals (“the
applicants”).
2. The applicants were represented by Mr P. Spinosi, of the Conseil
d’Etat and Court of Cassation Bar. The French Government (“the
Government”) were represented by their Agent, Mrs E. Belliard, Director of
Legal Affairs at the Ministry of Foreign Affairs.
3. The applicants alleged that they had been arbitrarily deprived of their
liberty following the boarding of their ship by the French authorities and