MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
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C. The Court’s assessment
1. Article 1 of the Convention
62. The Court considers that the first question to be decided in this case
is whether the events in dispute, from the stopping of the Winner on the
high seas and throughout the thirteen days of alleged deprivation of liberty
until the ship reached Brest, brought the applicants within the jurisdiction of
France for the purposes of Article 1 of the Convention, which reads as
follows:
“The High Contracting Parties shall secure to everyone within their jurisdiction the
rights and freedoms defined in Section I of [the] Convention.”
63. Article 1 sets a limit, notably territorial, on the reach of the
Convention. In particular, the engagement undertaken by a Contracting
State is confined to “securing” (“reconnaître” in the French text) the listed
rights and freedoms to persons within its own “jurisdiction”. Further, the
Convention does not govern the actions of States not parties to it, nor does it
purport to be a means of requiring the Contracting States to impose
Convention standards on other States (see Soering v. the United Kingdom,
7 July 1989, § 86, Series A no. 161, and Banković and Others v. Belgium
and Others (dec.) [GC], no. 52207/99, § 66, ECHR 2001-XII).
64. In keeping with the essentially territorial notion of jurisdiction, the
Court has accepted only in exceptional cases that acts of the Contracting
States performed, or producing effects, outside their territories can
constitute an exercise of jurisdiction by them for the purposes of Article 1 of
the Convention (see Banković and Others, cited above, § 67, and Ilaşcu and
Others v. Moldova and Russia [GC], no. 48787/99, § 314, ECHR
2004-VII). In its first Loizidou judgment (preliminary objections), for
example, the Court found that bearing in mind the object and purpose of the
Convention, the responsibility of a Contracting Party might also arise when
as a consequence of military action – whether lawful or unlawful – it
exercised effective control of an area outside its national territory (see
Loizidou v. Turkey (preliminary objections), 23 March 1995, § 62, Series A
no. 310). This excluded situations, however, where – as in the Banković and
Others case – what was at issue was an instantaneous extraterritorial act, as
the provisions of Article 1 did not admit of a “cause and effect” notion of
“jurisdiction” (cited above, § 75).
65. Additionally, the Court notes that other recognised instances of the
extraterritorial exercise of jurisdiction by a State include cases involving the
activities of its diplomatic or consular agents abroad and on board aircraft
and ships registered in, or flying the flag of, that State. In these specific
situations, customary international law and treaty provisions have clearly