be several hundred thousand French citizens who
speak Breton.
court is left to the discretion and case-by-case
appreciation of the judicial authorities. This
“uncertain situation”, according to Mr. Cadoret,
explains why some tribunals allow individuals
charged with criminal offences as well as their
witnesses to express themselves in Breton, as
did, for example, the Tribunal of Lorient
(Bretagne) on 3 February 1986 in a case similar
to his. Mr. Cadoret further contends that the
provisions of the Code of Penal Procedure
governing the court language cannot be said to be
designed to guarantee the equal treatment of
citizens. Thus, one of the authors’ witnesses, a
professor at the University of Rennes, was denied
the opportunity to testify in Breton on behalf of
the authors, while he was permitted to do so in a
different case.
The State party’s observations
4.1
In its submissions, the State party
provides a detailed account of the facts of the
cases and contends that available domestic
remedies have not been exhausted by the authors.
Thus, while the authors appealed against the
sentence of the Tribunal Correctionnel, they did
not appeal against the decision of the judge of
first instance not to make available to them and
their witnesses an interpreter. As a result, the
State party claims, the authors are precluded
from seizing the Human Rights Committee on
the ground that they were denied the right to
express themselves in Breton before the courts
because, in that respect, they did not avail
themselves of existing remedies.
3.3
The authors claim that the refusal of the
courts to let them present their defence in Breton
is a clear and serious restriction of their freedom
of expression, and that this implies that French
citizens mastering both French and Breton can
only air their ideas and their views in French.
This, it is claimed, is contrary to article 19,
paragraph 2, of the Covenant.
4.2
The State party rejects the allegations
that the authors were denied a fair hearing, that
they and their witnesses were not afforded the
possibility to testify and that therefore article 14,
paragraph 1, and article 14, paragraphs 3 (e)and
(f), of the Covenant have been violated. It
contends that the authors’ allegations concerning
article 14, paragraph 1, cannot be determined in
abstracto but must be examined in the light of
the particular circumstances of the case. It
submits that on numerous occasions during the
judicial proceedings, the authors clearly
established that they were perfectly capable of
expressing themselves in French.
3.4
Mr. Cadoret further contends that the
denial of the use of Breton before the courts
constitutes discrimination on the ground of
language. He adds that even if he were bilingual,
this would in no way prove that he has not been a
victim of discrimination. He reiterates that
French tribunals do not apply the Code of Penal
Procedure with a view to guaranteeing equal
treatment of all French citizens. In this context,
he again refers to differences in the application of
article 407 of the Code of Penal Procedure by the
French tribunals and especially those in
Bretagne, where some tribunals allegedly are
reluctant to allow accused individuals to express
themselves in Breton even if they experience
severe difficulties of expression in French,
whereas others now accept the use of the Breton
language in court. In this way, he claims, French
citizens who speak Breton are subjected to
discrimination before the courts.
4.3
The State party further submits that
criminal proceedings are an inappropriate venue
for expressing demands linked to the promotion
of the use of regional languages. The sole
purpose of criminal proceedings is to establish
the guilt or the innocence of the accused. In this
respect, it is important to facilitate a direct
dialogue between the accused and the judge.
Since the intervention of an interpreter always
encompasses the risk of the accused’s statements
being reproduced inexactly, resort to an
interpreter must be reserved for strictly necessary
cases, i.e., if the accused does not sufficiently
understand or speak the court language.
3.5
With respect to article 27, the authors
argue that the fact that the State party does not
recognize the existence of minorities on its
territory does not mean that they do not exist.
Although France has only one official language,
the existence of minorities in Bretagne, Corsica
or Alsace that speak languages other than French
is well known and documented. There are said to
4.4
The State party affirms that in the light
of the above considerations, the President of the
Tribunal of Rennes was justified in not applying
article 407 of the French Penal Code, as
requested by Mr. Cadoret. This provision
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