Kemmache v. France (no. 3)

Information Note on the Court’s case-law

November 1994

Kemmache v. France (no. 3) - 17621/91

Judgment 24.11.1994

Article 5

Article 5-1

Lawful arrest or detention

Article 5-1-c

Bringing before competent legal authority

Detention intended to ensure that accused appeared for trial:  no violation

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

A.PERIOD OF DETENTION TO BE TAKEN INTO CONSIDERATION

Starting-point: decision to adjourn proceedings.

End: day of applicant's release.

B.Whether detention was ordered in accordance with a procedure prescribed by law

Reiteration of Court's case-law.

In instant case: detention ordered in accordance with Articles 215 and 215-1 of the Code of Criminal Procedure as interpreted by the Court of Cassation - no contradiction with the Convention to be discerned in the wording of those provisions or their application - detention therefore had a legal basis.

C.Whether detention was lawful

Reiteration of Court's case-law.

Without prejudice to its power to examine the compatibility of national decisions with the Convention, it was not the Court's task to assess itself the facts on which a national court based its decision.

In instant case: decisions in issue had disclosed neither abuse of authority, nor bad faith nor arbitrariness and could not therefore be held to be unlawful, particularly as, once an Assize Court had decided to adjourn trial, applications for release could be lodged with Indictment Division at any time.

Conclusion: no violation (eight votes to one).

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

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