La Francia è stata condannata dal Tribunale Europeo dei Diritti Umani di Strasburgo, con sentenza unanime, per aver violato il diritto del Sig. Papon ad un giudizio equo. La Francia dovrà pagare 29.192 euro.
Prosit
http://www.elperiodico.es/default.as...idseccio_PK=64
El Tribunal de Estrasburgo condena a Francia por el 'caso Papon'
Estrasburgo. -- Francia ha sido condenada por el Tribunal Europeo de Derechos Humanos por violar el derecho a un juicio equitativo de Maurice Papon, sentenciado a 10 años de prisión en 1998 por complicidad de crímenes contra la humanidad por su papel en la deportación de judíos en la segunda guerra mundial.
Papon, de 91 años, exalto funcionario del Gobierno colaboracionista de Vichy durante la ocupación nazi, había demandado a Francia ante el Tribunal de Estrasburgo después de que el Tribunal Supremo galo rechazara en 1999 su recurso contra su condena porque no se había constituido prisionero la víspera de la vista, como estipulaba la ley vigente entonces y posteriormente modificada.
El Tribunal Europeo de Derechos Humanos ha resuelto por unanimidad que Francia violó el derecho de Papon a un juicio equitativo y ordenó el pago a éste de más de 29.192 euros por gastos. -- Agencias
LA SENTENZA:
http://www.echr.coe.int/eng/press/20...epress.htm#fn1
390
25.7.2002
Press release issued by the Registrar
CHAMBER JUDGMENT IN THE CASE OF PAPON v. FRANCE
The European Court of Human Rights has today notified in writing a Chamber judgment [fn1] in the case of Papon v. France (application no. 54210/00).
The Court held unanimously that there had been
● a violation of Article 6 § 1 of the European Convention on Human Rights (right of access to a court), and
● no violation of Article 2 of Protocol No. 7 (right of appeal in criminal matters).
Under Article 41 (just satisfaction) of the Convention, the Court awarded the applicant 29,192.68 euros for costs and expenses and dismissed the remainder of his claim for just satisfaction.
In a decision of 15 November 2001 the Court had declared inadmissible nine other complaints made by the applicant. On 7 June 2001 it had also dismissed a second application by Mr Papon (no. 64666/01) concerning his conditions of detention.
1. Principal facts
Maurice Papon is a French national who was born in 1910 and is currently in custody in the Santé Prison in Paris.
In a judgment of 2 April 1998 the Assize Court found him guilty of aiding and abetting the unlawful arrest and false imprisonment of Jews who had been deported to Auschwitz in convoys in July, August and October 1942 and January 1944, offences that constituted crimes against humanity. Mr Papon was sentenced to ten years’ imprisonment and was stripped of his civil, civic and family rights for ten years.
On 3 April 1998 the applicant appealed on points of law against that judgment, and on 17 September 1999 he applied to be exempted from the obligation to surrender to custody before the hearing in the Court of Cassation, but his application was refused. That obligation was laid down at the material time in Article 583 of the Code of Criminal Procedure [fn2], and convicted persons who had not been granted such an exemption and failed to surrender to custody forfeited their right to appeal on points of law. Having been refused an exemption, Mr Papon did not surrender to custody and fled to Switzerland. The Swiss authorities ordered him to leave the country.
On 21 October 1999 the Criminal Division of the Court of Cassation declared that the applicant had forfeited his right to appeal on points of law against the Assize Court’s judgment of 2 April 1998.
2. Procedure and composition of the Court
The application was lodged on 14 January 2000.
Judgment was given by a Chamber of seven judges, composed as follows:
Christos Rozakis (Greek), President,
Françoise Tulkens (Belgian),
Jean-Paul Costa (French),
Giovanni Bonello (Maltese),
Peer Lorenzen (Danish),
Nina Vajić (Croatian),
Anatoly Kovler (Russian), judges,
and also Erik Fribergh, Section Registrar.
3. Summary of the judgment
Complaints
Relying on Article 6 § 1, the applicant complained that he had not had access to the Court of Cassation, since he had forfeited the right to appeal on points of law. He further submitted that, as a result of his forfeiture of that right, he had been deprived of the right of appeal in criminal matters, as guaranteed by Article 2 of Protocol No. 7 to the Convention.
Decision of the Court
Article 6 § 1 of the Convention
The Court referred to its case-law (in particular, the Khalfaoui v. France judgment of 14 December 1999) to the effect that, regard being had to the importance of the review carried out by the Court of Cassation in criminal matters and to what was at stake in that review for those who had been sentenced to long terms of imprisonment, forfeiture of the right to appeal on points of law was a particularly severe sanction affecting the right of access to a court guaranteed by Article 6 of the Convention.
It reiterated that respect for the presumption of innocence, combined with the suspensive effect of appeals on points of law, militated against obliging a defendant at liberty to surrender to custody, however short a time his incarceration might last. Furthermore, the possibility of requesting exemption from the obligation to surrender to custody was not, in the Court’s opinion, capable of eliminating the disproportionality of the sanction of forfeiture of the right to appeal on points of law. The Court also considered that the authorities had other means at their disposal whereby they could take a convicted person in charge, whether before or after the appeal on points of law was heard.
Lastly, the Court stated that, while it was fully aware of the extremely serious nature of the offences of which the applicant was accused, the fact that he had been prosecuted and convicted on charges of aiding and abetting crimes against humanity did not deprive him of the protection of his Convention rights and freedoms.
In conclusion, regard being had to all the circumstances of the case, the applicant had suffered an excessive restriction of his right of access to a court, and therefore of his right to a fair trial.
Article 2 of Protocol No. 7 to the Convention
The Court pointed out that it had already had occasion to rule that the French system in force at the material time had in principle been compatible with Article 2 of Protocol No. 7 to the Convention. It therefore concluded that there had been no violation of that provision.
Judge Costa made a declaration, which is annexed to the judgment.
***
The Court’s judgments are accessible on its Internet site (http://www.echr.coe.int).
Registry of the European Court of Human Rights
F – 67075 Strasbourg Cedex
Contacts: Roderick Liddell (telephone: (0)3 88 41 24 92)
Emma Hellyer (telephone: (0)3 90 21 42 15)
Fax: (0)3 88 41 27 91
The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.
[fn1] Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the 17-member Grand Chamber of the Court. In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its Protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer.
[fn2] Article 583 was repealed by an Act of 15 June 2000.




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