before the French courts raised no issues under
article 19, paragraph 2. The Committee therefore
found that this aspect of the communications was
inadmissible under article 3 of the Optional
Protocol as incompatible with the Covenant.
the authors’ behaviour: they refused to express
themselves in French before the courts under the
pretext that they had not mastered the language
sufficiently, whereas their submissions to the
Committee were made in “irreproachable”
French.
5.3
In respect of the authors’ claim of a
violation of article 27 of the Covenant, the
Committee noted the French “declaration” but
did not address its scope, finding that the facts of
the communications did not raise issues under
this provision.2
4.9
With respect to the alleged violation of
article 27, the State party recalls that, upon
ratification of the Covenant, the French
Government made the following reservation: “In
the light of article 2 of the Constitution of the
French Republic, the French Government
declares that article 27 is not applicable as far as
the Republic is concerned.” Thus, the State party
argues that “the idea of membership of an
‘ethnic, religious or linguistic minority’ which
the applicant invokes is irrelevant in the case in
point, and is not opposable to the French
Government which does not recognize the
existence of minorities in the Republic, defined,
in article 2 of the Constitution, as ‘indivisible,
secular, democratic and social . . . ‘ (indivisible,
laïque démocratique et sociale)”.
5.4
With respect to the alleged violations of
articles 14 and 26, the Committee considered that
the authors had made reasonable efforts
sufficiently to substantiate their allegations for
purposes of admissibility.
5.5
On 25 July and 9 November 1989, the
Human Rights Committee, accordingly, declared
the communications admissible in so far as they
appeared to raise issues under articles 14 and 26
of the Covenant. On 9 November 1989, the
Committee also decided to deal jointly with the
two communications.
Issues and proceedings before the Committee
5.1
In considering the admissibility of the
communications, the Committee took account of
the State party’s contention that the
communications were inadmissible because the
authors had not appealed against the decision of
the judge of the Tribunal Correctionnel of
Rennes not to make available to them and their
witnesses the services of an interpreter. The
Committee observed that what the authors sought
was the recognition of Breton as a vehicle of
expression in Court. It recalled that domestic
remedies need not be exhausted if they
objectively have no prospect of success. This is
the case where, under applicable domestic laws,
the claim would inevitably be dismissed, or
where established jurisprudence of the highest
domestic tribunals precluded a positive result. On
the basis of these observations, and taking into
account relevant French legislation as well as
article 2 of the French Constitution, the
Committee concluded that there were no
effective remedies that the authors should have
pursued in this respect. De lege lata, the
objective pursued by the authors cannot be
achieved by resorting to domestic remedies.
5.6
The Committee has noted the authors’
claim that the notion of a “fair trial”, within the
meaning of article 14 of the Covenant, implies
that the accused be allowed, in criminal
proceedings, to express himself or herself in the
language in which he or she normally expresses
himself or herself, and that the denial of an
interpreter for himself or herself and his or her
witnesses constitutes a violation of article 14,
paragraphs 3(e) and (f). The Committee
observes, as it has done on a previous occasion,3
that article 14 is concerned with procedural
equality; it enshrines, inter alia, the principle of
equality of arms in criminal proceedings.
The provision for the use of one official court
language by States parties to the Covenant
does not, in the Committee’s opinion, violate
article 14. Nor does the requirement of a fair
hearing obligate States parties to make available
to a person: whose mother tongue differs from
2
Following the decision on admissibility in these
cases, the Committee decided at its thirty-seventh
session that France’s declaration concerning article 27
had to be interpreted as a reservation (T. K. v. France,
No. 220/1987, paras. 8.5 and 8.6; H. K. v. France,
No. 222/1987, paras. 7.5 and 7.6; cf. also separate
opinion by one Committee member).
3
See communication No. 273/1988 (B. d. B. v.
Netherlands), decision on inadmissibility of 30 March
1989, para. 6.4.
5.2
As to the authors’ claim that they had
been denied their freedom of expression, the
Committee observed that the fact of not having
been able to speak the language of their choice
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