Information Note on the Court’s case-law No.
November 1993
Navarra v. France - 13190/87
Judgment 23.11.1993
Article 5
Article 5-4
Order release
Take proceedings
Time taken to hear appeal from a decision rejecting an application for release: 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.Government's preliminary objection (failure to exhaust domestic remedies)
Possibility of bringing action for compensation against the State under Article L 781-1 of the Code of Judicial Organisation - relevant provision circumscribed State's liability very narrowly -applicant had not claimed to be victim of a "denial of justice" or of "gross negligence" - right to a speedy decision on the lawfulness of detention to be distinguished from right to receive compensation for such detention - Compensation Board had rejected applicant's claim as ill-founded - objection unfounded.
Conclusion: objection dismissed (unanimously).
B.Merits of complaint
Compliance with French law: relevant courts had given their decisions within the time-limits laid down by law - there had been one delay for which applicant had been responsible - forwarding of file to Court of Cassation and to Montpellier Indictment Division had taken some time.
Protection against arbitrariness: a State which institutes two tier system must in principle accord to detainees the same guarantees on appeal as at first instance - in order to determine whether requirement of a speedy decision has been complied with, necessary to effect overall assessment.
Court entertained certain doubts about length of substantive examination of appeal of 25 March 1986 - however, applicant retained right to submit further applications for release at any time and did not do so until 20 March 1987.
Conclusion: no violation (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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