Doc. 8692

3 April 2000

Case of Hakkar v. France

Written Questions No. 381 and 383

Reply from the Committee of Ministers

adopted at the 705^th meeting of the Ministers’ Deputies (30 March 2000)

I.        Written Question No. 381 by Mr Jurgens and others (Doc. 8579)

      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.

II.       Written Question No. 383 by Mr Jurgens and others (Doc. 8664)

Referring to Written Question No. 381 of 25 October 1999 concerning the case of Hakkar v. France, which until now has received no answer;

Referring to the visit of the Rapporteur of the Committee on Legal Affairs and Human Rights to Mr Hakkar on 14 February 2000 in the medical section of the Prison of Fresnes where he was transferred for medical reasons;

Stressing that Mr Hakkar’s health is deteriorating even further because of a hunger strike he started on 19 January 2000,

      Mr Jurgens and others,

i.       To ask the Committee of Ministers why it has not answered Written Question No. 381;

ii.       To ask the Committee of Ministers to take immediate measures to remedy Mr Hakkar's situation.

III.       Reply from the Committee of Ministers

The Committee of Ministers has now been examining the case of Hakkar against France since December 1995. The Committee has not answered Written Question No. 381 before today because the concerns voiced by delegations had not led to any substantial progress which could be reported to the Assembly.

However, at the Ministers’ Deputies’ most recent discussion of this case at their 704th meeting (28-29 March 2000), the French Delegation informed them that a measure permitting the reopening of proceedings following judgments of the European Court of Human Rights had been introduced into the Bill strengthening the Presumption of Innocence which was currently before Parliament. It was anticipated that this reform would include transitional provisions making it applicable to Mr Hakkar's case among others and could be adopted by the end of the present French parliamentary Session.

This information was widely welcomed, on the understanding that the reform should be adopted and implemented as soon as possible in such a way as to enable France to fulfil its obligation to erase the consequences of the violation found in this case.

However, many delegations expressed their serious concern regarding the individual situation of Mr Hakkar. Several of these observed that an initiative taken in Parliament did not dispense the French Government from its responsibility to find urgent measures to remedy it.

Concerning Mr Hakkar’s hunger strike and refusal to take liquids, it was noted in particular that he is at present under medical supervision and that the French authorities will continue to pay all due attention to his health.

The Ministers’ Deputies decided to maintain the examination of this question on their Agenda and to resume consideration thereof at the latest by their 709th DH meeting (16-17 May 2000).