3.3
Although the author does not
specifically invoke article 14 of the Covenant, it
is clear from his submissions that he considers
the refusal of the services of an interpreter to be a
violation of article 14, paragraph 3 (f), of the
Covenant. He affirms that as a matter of
principle, French courts refuse to provide the
services of interpreters to accused persons of
Breton mother tongue on the ground that they are
deemed to be proficient in French.
The facts as submitted by the author
2.1
On 7 January 1988, the author appeared
before the Tribunal Correctionnel of Rennes on
charges of having defaced 21 road signs
on 7 August 1987. He requested permission of
the court to express himself in Breton, which he
states is his mother tongue, and asked for an
interpreter. The court rejected the request and
referred consideration of the merits to a later
date.
3.4
As to the requirement of exhaustion of
domestic remedies, the author submits that there
are no effective remedies available after the
decision of the Court of Appeal of Rennes
of 4 July 1988, as the French judicial system
refuses to recognize the use of the Breton
language.
2.2
The author appealed the decision not to
make an interpreter available to him. By decision
of 20 January 1988, the President of the Criminal
Appeals Chamber of the Tribunal Correctionnel
of Rennes dismissed his appeal. On 3 March
1988, the case was considered on its merits: the
author was heard in French. He was given a
suspended
sentence
of
four
months’
imprisonment and fined 5,000 French francs. The
Department of Criminal Prosecutions appealed
the decision.
The State party’s observations
4.1
As to admissibility, the State party
contends that the communication is inadmissible
on the grounds of non-exhaustion of domestic
remedies, since the author did not lodge an
appeal to the Court of Appeal of Rennes against
the decision of the President of the Criminal
Appeals Chamber of the Tribunal Correctionnel
of 20 January 1988 not to allow him to express
himself in Breton.
2.3
On 4 July 1988, the Court of Appeal of
Rennes confirmed the judgement of the court of
first instance. On appeal, the author was heard in
French.
The complaint
4.2
Concerning the author’s allegations
under article 14, the State party argues that the
notion of a “fair trial” (procès equitable) in
article 14, paragraph 1, cannot be determined in
abstracto but must be examined in the light of
the circumstances of each case. As to the judicial
proceedings in Mr. Barzhig’s case, the State
party submits that the author and the witnesses he
called on his behalf were perfectly capable of
expressing themselves in French.
3.1
The author submits that the State
party’s refusal to respect the rights of
Bretons to express themselves in their
mother tongue constitutes a violation of article 2
of the Covenant as well as language-based
discrimination within the meaning of article 26,
because French-mother-tongue citizens enjoy the
right to express themselves in their language,
whereas Bretons are denied this right simply
because they are deemed to be proficient in
French. This, in the author’s opinion, reflects a
long-standing policy, on the State party’s part, of
suppressing or eliminating the regional languages
spoken in France.
4.3
The State party 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 judge and the accused. As the intervention of
an interpreter encompasses the risk of the
accused’s statements being reproduced inexactly,
resort to an interpreter should be reserved for
strictly necessary cases, i.e., if the accused does
not sufficiently understand or speak the court
language.
3.2
With reference to the French declaration
entered in respect of article 27, the author
contends that the State party’s refusal to
recognize the linguistic entity of the Breton
minority and to apply article 27 of the
Covenant violates the Universal Declaration of
Human Rights. In this context, he invokes a
resolution adopted by the European Parliament
on 30 October 1987, addressing the need to
protect European regional and minority
languages and cultures.
93
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