pay 53,000 French francs, with interest, for the
damage caused. On 4 July 1988, the Court of
Appeal of Rennes confirmed the judgment of the
court of first instance.
Subject matter: Refusal to recognize road signs
in the Breton language
Procedural issues: Standing of the author—Nonexhaustion
of
domestic
remedies—
Inadmissibility ratione materiae
2.3
The author contends that since his arrest,
he has been subjected to daily harassment by his
employer. The official in charge of the
administrative investigation against him initially
proposed to suspend him from his post for a
period of six months. At the end of January 1989,
however, after several intercessions made on the
author’s behalf by concerned citizens and the
mayors of several municipalities in Bretagne, the
disciplinary committee of the P. T. T. in Rennes
suspended him from his post for eight days; this
sanction
was
itself
suspended.
After
consultations with his counsel, S. G. did not
appeal the decision of the disciplinary
committee.
Substantive issues: Complementary character of
article 2—Equality before the law and
recognition as a person before the law—
Right to freedom of expression—Right to
have
access
to
public
service—
Discrimination on the ground of language—
Rights of persons belonging to minorities—
Interpretation of a declaration/reservation
Articles of the Covenant: 2(1), 16, 19(2), 25(c),
26 and 27
Articles of the Optional Protocol: 2, 3 and
5(2)(b)
The complaint
Individual opinion: Mrs. Rosalyn Higgins
3.
It is submitted that the facts described
above constitute violations by France of articles
2, paragraphs 1 to 3, 19, paragraphs 1 and 2, 25,
26 and 27 of the International Covenant on Civil
and Political Rights.
1.
The author of the communication dated
12 December 1988 is S. G., a French citizen born
in 1954 and a resident of Rennes, Bretagne. He
claims to be a victim of violations by France of
articles 2, 19, 25, 26 and 27 of the International
Covenant on Civil and Political Rights.
4.1
The State party contends that the
communication is inadmissible on a number of
grounds. As to the requirement of exhaustion of
domestic remedies, it notes that the-author failed
to appeal the judgment of 4 July 1988 of the
Court of Appeal of Rennes to the Court of
Cassation.
The facts as submitted by the author
2.1
The author is an employee of the
French
Administration
of
Postal
and
Telecommunications (PTT) in Rennes. He was
arrested during the night of 7 to 8 August 1987,
on. charges of having defaced several road signs
in the area. His action, he states, was part of a
campaign led by the movement “Stourm ar
Brezhoneg” (Fight for the Breton Language),
whose aim is the posting of bilingual roadsigns,
in Breton and French, throughout the Bretagne.
4.2
As to the alleged violation of article 2 of
the Covenant, the State party argues that this
provision cannot be violated directly and in
isolation. A violation of article 2 can only be
admitted to the extent that other rights protected
under the Covenant have been violated
(paragraph 1) or if necessary steps to give effects
to rights protected under the Covenant have not
been taken. A violation of article 2 can only be
the corollary of another violation of a Covenant
right. The State party contends that the author
has not based his argumentation on precise facts,
and that he cannot demonstrate that he has been a
victim of discrimination in his relations with the
judicial authorities.
2.2
In December 1987, the Tribunal
de Grande Instance of Rennes fined the author
5,000 French francs and sentenced him to four
months of imprisonment (suspended). At the
same time, he and two co-defendants,
Hervé Barzhig1 and G. B.,2 were sentenced to
1
See Official Records of the General Assembly, Fortysixth Session, Supplement No. 40 (A/46/40), annex XI,
sect. F, communication No. 327/1988, Views adopted
on 11 April 1991.
2
See Official Records of the General Assembly, Fortyseventh Session, Supplement No. 40 (A/47/40),
annex X, sect. G, communication No. 348/1989,
decision of 1 November 1991.
9
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