FRESSOZ AND ROIRE v. FRANCE JUDGMENT
13
PROCEEDINGS BEFORE THE COMMISSION
28. Mr Fressoz and Mr Roire applied to the Commission on 3 August
1995. They asserted that their conviction by the Court of Appeal constituted
a breach of their right to freedom of expression under Article 10 of the
Convention. They also complained that the principle of the presumption of
innocence enshrined in Article 6 § 2 had been violated in their case.
29. The Commission declared the application (no. 29183/95) admissible
on 26 May 1997. In its report of 13 January 1998 (former Article 31 of the
Convention), it expressed the opinion that there had been a violation of
Article 10 (twenty-one votes to eleven) and that no separate issue arose
under Article 6 § 2 (eighteen votes to fourteen). The full text of the
Commission's opinion and of the three dissenting opinions contained in the
report is reproduced as an annex to this judgment1.
FINAL SUBMISSIONS TO THE COURT
30. In their memorial, the Government asked the Court to dismiss
Mr Fressoz and Mr Roire's application as inadmissible for failure to exhaust
domestic remedies or, in the alternative, to hold that there had been no
violation of Article 10 of the Convention. With regard to the complaint
under Article 6 § 2 of the Convention, they requested the Court to dismiss it
as incompatible ratione materiae with the provisions of the Convention or,
in the alternative, to hold that Article 6 § 2 had not been violated.
31. The applicants asked the Court to find that Articles 10 and 6 § 2 had
been violated and to afford them just satisfaction.
THE LAW
I.
ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
32. The applicants submitted that their conviction by the Paris Court of
Appeal had infringed Article 10 of the Convention, which provides:
1. Note by the Registry. For practical reasons this annex will appear only with the final
printed version of the judgment (in the official reports of selected judgments and decisions
of the Court), but a copy of the Commission’s report is obtainable from the Registry.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos