BERNARD JUDGMENT OF 23 APRIL 1998 (b) for the Commission Mr J.-C. SOYER, (c) for the applicant Ms C. BRUN-SCHIAPPA, of the Marseilles Bar, 3 Delegate; Counsel. The Court heard addresses by Mr Soyer, Ms Brun-Schiappa and Mr Dobelle. 9. As Mr Macdonald was unable to take part in the deliberations on 25 March 1998, he was replaced by Mr R. Pekkanen, substitute judge, (Rules 22 § 1 and 24 § 1). AS TO THE FACTS I. THE CIRCUMSTANCES OF THE CASE 10. In the course of a judicial investigation into a charge brought against Mr Bernard on a number of counts of armed robbery, an investigating judge at Nevers ordered two expert opinions on him: a psychiatric report from a Dr Guggiari and a medical and psychological report from a Dr Debitus. 11. On 13 July 1988 Dr Guggiari submitted his report, in which he concluded: “As the subject does not accept that he is either ill or guilty, he cannot be regarded as curable. From what illness should he be cured? His social and affective environment will play a far greater role in his rehabilitation than any medical or psychiatric treatment, which he refuses. All things considered, his chances of rehabilitation appear to be considerably compromised by both his criminal record and his personality.” 12. The applicant requested a second opinion, which the investigating judge commissioned on 19 May 1989 from a Dr Dumoulin. 13. On 24 June 1989 Dr Dumoulin filed his report, which contained the following passage: