Doc. 8579

25 October 1999

The case of Hakkar v. France

Written Question No. 381

by Mr Jurgens and others

      Given that in the case of Hakkar v. France the European Commission of Human Rights found that basic procedural guarantees under Article 6 of the Convention had not been respected in the proceedings which led to the applicant’s conviction to life imprisonment, for a crime he has always denied having committed, and considering that Mr Hakkar still remains in prison;

      Noting that the Committee of Ministers has repeatedly asked for measures to be taken in respect of Mr Hakkar, in particular, by letter of 18 September 1998 from the Committee’s Chairman to the French Minister of Foreign Affairs, Mr Hubert Védrine, and that the Chair of the French Parliamentary Delegation, Ms Josette Durrieu, has made a similar request to the French Minister for Justice, Ms Elisabeth Guigou;

      Noting that it is a firmly established principle of international law, as has been repeatedly confirmed by the European Court of Human Rights, that a state which has violated an international obligation has the duty, in respect of the injured party in particular, to put an end to the violation and erase its consequences;

      Stressing that all member qtates of the Council of Europe have so far complied with the above obligation and have, accordingly, found means to rectify the situation of applicants who continue to suffer from violations;

      Deploring that against this background, the French authorities have taken no measures, in the four years since the violation was found in this case, to rectify Mr Hakkar’s situation and that consequently Mr Hakkar is still in prison without ever having appeared or been represented in court;

      Noting, furthermore, that Mr Hakkar has now spent sixteen years in prison, and that it is reported that his physical and mental health condition at this moment is deteriorating;

      Considering that in light of the time elapsed, the absence of any measures amounts to non-compliance with the decisions of the Human Rights Control Bodies, a situation which risks undermining the unique system of collective enforcement set up under the Convention;

      Considering in this respect, that it would be greatly regrettable if France were to be the first member state in the Council of Europe’s 50 years of existence that would violate its obligation to abide by decisions taken under the Convention, in particular because possibilities to rectify the situation, e.g. by granting a pardon, do exist under French law.

      To ask the Committee of Ministers,

      If the Committee of Ministers has now received assurances from the French authorities that its decision in this case will be executed in the very near future and, if not, how the Committee of Ministers intends to ensure that adequate measures are rapidly taken so that Mr Hakkar’s guilt is assessed in fair proceedings or his situation otherwise rectified.

Signed:

Jurgens, Netherlands, SOC

Columberg, Switzerland, EPP/CD

Err, Luxembourg, SOC

Holovaty, Ukraine, LDR

Jansson, Finland, LDR

McNamara, United Kingdom, SOC

Solonari, Moldova, SOC

Svoboda, Czech Republic, EPP/CD