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Title: (UN) Court tells France to pay damages to Somali pirates
Source: [None]
URL Source: http://www.bbc.com/news/world-europe-30326397
Published: Dec 6, 2014
Author: Staff
Post Date: 2014-12-06 07:51:46 by out damned spot
Keywords: France, UN, Pirates
Views: 5062
Comments: 29

The European Court of Human Rights says France violated the rights of Somali pirates who had attacked French ships and has ordered compensation for them over judicial delays.

The nine Somali pirates should get thousands of euros because they were not immediately brought before a French judge, the court ruled.

One is to get 9,000 euros (£7,000) and the others sums of up to 7,000 euros.

The judges faulted France for keeping them in custody for an extra 48 hours.

The pirates had held French citizens hostage after seizing a French-flagged cruise ship and a French yacht in 2008.

The French military captured the pirates on the Somali coast in two operations, after the hostages had been released for ransoms of $2.1m (£1.3m) and $2m.

Indian Ocean shipping has been plagued by pirate gangs operating off Somalia in recent years, but international naval action in the region has sharply reduced the attacks.

Days in custody Before transferring the pirates to France, the authorities held one group for four days and the others for six days and 16 hours.

But the extra 48 hours of custody on French soil violated the pirates' right to liberty and security under the European Convention on Human Rights, the court ruled.

The convention's Article 5.3 "was not designed to give the authorities the opportunity to intensify their investigations for the purpose of bringing formal charges against the suspects", a court statement said.

The judges argued that the time between their arrest and transfer to France was already enough for France to draw up charges, instead of delaying for another 48 hours.

Court judgements are binding on signatories to the convention.

The judges did not challenge France's right to arrest the pirates inside Somali territory, under UN anti-piracy rules.

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Begin Trace Mode for Comment # 10.

#10. To: out damned spot (#0)

NOTE: This judgment is available only in FRENCH. This is an UNOFFICIAL translation of an excerpt from the judgment which is a 42 page PDF.

AFFAIRE HASSAN ET AUTRES c. FRANCE, Requêtes nos 46695/10 et 54588/10,

European Court of Human Rights, Fifth Section, Strasbourg, 4 December 2014

IV. ON THE APPLICATION OF ARTICLE 41 OF THE CONVENTION

113. Under the terms of article 41 of the Convention,

"If the Court finds that there has been a violation of the Convention or its Protocols, and if the internal law of the High Contracting Party concerned allows only partial reparation the consequences of this violation, the Court granted to the aggrieved party, if there is a place, a fair satisfaction. "

A. Damage

114. The applicants Yacoub Mohammed Hassan and Sheik Nour Jama Mohamoud (application no. 46695/10) ask 15,000 EUR each for non-pecuniary damage. The applicant Abdulhai Guelleh Ahmed (application no. 54588/10) claimed 6,000 EUR to this title. It requires in addition 2,000 EUR for material damage.

115. The Government proposed to allocate a sum to the applicants for moral prejudice: 1,500 EUR to Mr. Yacoub Mohammed Hassan, 1,500 EUR to Mr. Sheikh Nour Jama Mohamoud and 3,000 EUR to Mr. Abdulhai Guelleh Ahmed. HASSAN and Others v. FRANCE 39

116. The Court sees no causal link between the breach of article 5 §§ 1 and 3 and the material damage which the applicant Abdulhai Guelleh Ahmed request repair. It therefore rejects this part of its claims. She on the other hand, considers it appropriate to give a sum to each of the claimants for moral prejudice, it fixed at 5,000 EUR.

B. Costs and expenses

117. The applicant Abdulhai Guelleh Ahmed (application no. 54588/10) claimed 7,272.46 EUR in reimbursement of his costs of representation before the Court. It produces a note of fees from his lawyer dated 31 August 2012 and relating to this amount. The other applicants do not formulate requests for expenses and costs.

118. Noting that it is justified by the production of an invoice of honorary, the Government proposes to do right at the request of Mr. Abdulhai Guelleh Ahmed.

119. According to the jurisprudence of the Court, a claimant cannot obtain the reimbursement of his costs and expenses only to the extent where there are established their reality, their necessity and the reasonableness of their rates. In the present case, in view of the documents in its possession, of its jurisprudence and the position of the Government, the Court decided to make fully right to the request of the applicant Abdulhai Guelleh Ahmed. It allocates accordingly 7,272.46 EUR for costs and expenses.

Default interest

120. The Court considers it appropriate to base the default interest rate on the interest rate on the marginal lending rate of the European Central Bank plus three percentage points .

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Decides to join the applications 46695/10 and 54588/10 our ;

2. Declares the application admissible No. 46695/10 ;

3. Declares the Application No. 54588/10 admissible as to the complaints under Article 5 §§ 1 , 3 and 4 of the Convention and inadmissible for the remainder ;

4. Holds that there has been a violation of Article 5 § 1 of the Convention;

5. Holds that there has been a violation of Article 5 § 3 of the Convention; 40 HASSAN AND OTHERS v. FRANCE

6. Holds the case of Application No. 54588/10 , there is no need to examine the complaint under Article 5 § 4 of the Convention;

7. Holds

a) that the respondent State is to pay, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts :

i) each of the applicants 5,000 EUR (five thousand euros), plus any tax that may be chargeable to tax for non-pecuniary damage ;

ii) Mr. Ahmed Guelleh Abdulhai (application no 54588/10 ), 7,272.46 EUR (seven thousand two hundred seventy-two euros and forty-six cents), plus any tax that may be chargeable to tax by the applicant, for costs and expenses ;

b) that from the expiry of that period until settlement, these amounts shall be payable on simple interest at a rate equal to the marginal lending rate of the European Central Bank during the period plus three percentage points;

8. Rejects just satisfaction to the remainder.

Done in French, and notified in writing on 4 December 2014 pursuant to Rule 77 §§ 2 and 3 of the Regulation.

Claudia Westerdiek
Clerk

Mark Villiger
Registrar President

nolu chan  posted on  2014-12-06   20:38:23 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 10.

#20. To: nolu chan (#10)

The court appears to have decided correctly.

Government is subject to the law just as individuals are. The government did not follow the law, resulting in prejudice to the individuals, to wit: the violation of their right to not be detained without charges.

Accordingly, damages are ordered and will be paid. Seems reasonable to me. If the police arrest you and lock you up without charges for several days, contrary to law, you have been damaged.

Of course if these men are ultimately convicted of piracy, the money will go to their lawyers, or to their victims in restitution.

Governments are more dangerous than individuals, and must be tightly bound to law, and must be made to pay whenever they step out of line, for governments have the ability to cause much greater harm to people than any individuals do.

Vicomte13  posted on  2014-12-08 23:53:35 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 10.

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