MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
39
by the ship’s crew “could not be attributed to the Spanish authorities”. It
concluded that it had been “materially impossible to bring the applicant
physically before the investigating judge any sooner”, while taking into
account the fact that once he had arrived on Spanish soil the applicant had
been immediately transferred to Madrid by air and brought before the
judicial authority on the following day. Lastly, the Court considered
“unrealistic” the applicant’s suggestion that, under an agreement between
Spain and the United Kingdom to prevent illicit traffic in narcotic drugs,
instead of being diverted to Spain the ship could have been taken to
Ascension Island, which was approximately 1,600 km from where it was
intercepted.
131. In the present case, the Court notes that at the time of its
interception the Winner was also on the high seas, off the coast of the Cape
Verde islands, and therefore a long way from the French coast, comparable
to the distance in the Rigopoulos case. There was nothing to indicate that it
took any longer than necessary to escort it to France, particularly in view of
the weather conditions and the poor state of repair of the Winner, which
made it impossible for it to travel any faster. In addition, the applicants did
not claim that they could have been handed over to the authorities of a
country nearer than France, where they could have been brought promptly
before a judicial authority. As to the idea of transferring them to a French
naval vessel to make the journey faster, it is not for the Court to assess the
feasibility of such an operation in the circumstances of the case, particularly
as it has not been established that the frigate was capable of accommodating
all the crew members in sufficiently safe conditions.
132. The Court notes, lastly, that the applicants were placed in police
custody at 8.45 a.m. on 26 June 2002 and effectively brought before an
investigating judge at the police station in Brest, according to the reports
produced by the Government, between 5.05 and 5.45 p.m. in the case of the
first judge and at undocumented times in the case of the second judge (see
paragraph 19 above), it being understood that the applicants do not dispute
the fact that the meetings with the second judge took place at about the same
time. This means that after arriving in France the applicants spent only
about eight or nine hours in police custody before they were brought before
a judge.
133. That period of eight or nine hours was perfectly compatible with
the concept of “brought promptly” enshrined in Article 5 § 3 of the
Convention and in the Court’s case-law.
134. Accordingly, there has been no violation of Article 5 § 3 of the
Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
135. Article 41 of the Convention provides: