Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 07/10/2008

Subject: The complainants are Oleksandr Medvedyev and Borys Bilenikin, Ukrainian nationals, Nicolae Balaban, Puiu Dodic, Stelian Nicu Manolache and Viorel Petcu, Romanian nationals, Georgios Boreas, a Greek and Sergio Cabrera Leon and Luis Guillermo Martinez Eduar Sage, Chilean nationals. They were part of the crew of a freighter called the Winner, flying the Cambodian flag. As part of the international fight against drug trafficking, the French authorities learned that the ship was capable of transporting large quantities of drugs. The maritime authorities procédèrent accordingly to his interception on the high seas off the Cape Verde islands, and its diversion into the port of Brest (France). The complainants alleged they were victims of arbitrary deprivation of liberty because of their custody in the Winner during 13 days under the supervision of French military forces, then their custody - for two days for some three days for others - on their arrival in Brest. Invoking Article 5 § 1 (right to liberty and security), they denounced the illegality of their deprivation of liberty, including under international law. They also complained, in terms of Article 5 § 3 (right to liberty and security), have waited 15 to 16 days before being presented to an officer authorized by law to exercise judicial functions ". A hearing was held in public at the Palais des droits de l'homme, Strasbourg, 13 May 2008. The Court concludes that the petitioners were not deprived of their liberty by legal channels and said, therefore, unanimously that there violation of Article 5 § 1. However, whereas the duration of the deprivation of liberty is justified by "wholly exceptional circumstances", including the unavoidable delay delivery Winner to France, the Court concludes, by four votes against three, no violation of Article 5 § 3. She said that the finding of a violation provided in itself sufficient just satisfaction for moral damage suffered by the claimants, and allocates EUR 5 000 jointly for costs and expenses.

Parties: Medvedyev e altri c/ Francia

Classification: Freedoms - Art. 6 Personal liberty - Personal security