22 O’HALLORAN AND FRANCIS v. THE UNITED KINGDOM JUDGMENT – CONCURRING OPINION OF JUDGE BORREGO BORRGEO used was “rights of man and the citizen”. Humans are individuals but, as members of society, they become human citizens. This obvious fact would have been a good reason for making the judgment shorter and clearer. It would have been sufficient to say, in line with the approach adopted by the Privy Council (see paragraph 31) and others, that by owning and driving a motor car, the human citizen accepts the existence of the motor-vehicle regulations and undertakes to comply with them in order to be able to live as a member of society. These regulations clearly entail certain responsibilities, which form the subject of the applications we have examined today. End of story. In the instant case, citing the entire case-law on the right to remain silent and the privilege against self-incrimination and then applying the resulting principles in order to arrive at a conclusion which merely adds a further shade of nuance complicates matters for no good reason. The Court, in paragraph 57, accepts the wise reasoning of Lord Bingham, a member of the Privy Council. I would point out that, according to that opinion, “[a]ll who own or drive motor cars know ...”. If indeed, “[a]ll ... know that by doing so they subject themselves to a regulatory regime ...”, we must ask: why spend twelve pages trying to explain what everyone already knows? Making simple things complicated is tantamount to choosing a path which is not only wrong but dangerous, and which might one day lead the Court to examine under Articles 5 and 8 of the Convention whether, when individuals are stuck in a traffic jam, the deprivation of their liberty and failure to respect their private lives on the part of the authorities might not amount to a breach by the State of its positive obligations. Human rights constitute a tremendous asset to modern society. In order to preserve this extraordinary achievement, the fruit of countless efforts and sacrifices, we must continue to combat acts of tyranny. However, we must also, in my opinion, avoid playing with fire by placing on the same footing the duty to cooperate of car-owning citizens and the right not to incriminate oneself.