understand and to express themselves adequately
in French before the tribunal. In this context, the
Committee notes that the notion of a fair trial in
article 14, paragraph 1, juncto paragraph 3 (f),
does not imply that the accused be afforded the
opportunity to express himself or herself in the
language that he or she normally speaks or
speaks with a maximum of ease. If the court is
certain, as it follows from the decision of the
Tribunal Correctionnel of Rennes, that the
accused is sufficiently proficient in the court
language, it need not take into account whether it
would be preferable for the accused to express
himself in a language other than the court
language.
5.4
The Human Rights Committee has
considered the communication in the light of all
the material placed before it by the parties. It
bases its views on the following considerations.
5.5
The Committee has noted the author’s
claim that the denial of an interpreter for himself
and for a witness willing to testify on his behalf
constituted a violation of article 14 of the
Covenant. The Committee observes, as it has
done on previous occasions,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 violate article 14 of the
Covenant. Nor does the requirement of a fair
hearing obligate States parties to make available
to a person whose mother tongue differs from the
official court language, the services of an
interpreter, if that person is capable of
understanding and expressing himself or herself
adequately in the official language. Only if the
accused or the witnesses have difficulties in
understanding, or in expressing themselves in the
court language, is it obligatory that the services
of an interpreter be made available.
5.7
French law does not, as such, give
everyone a right to speak his or her own
language in court. Those unable to understand or
speak French are provided with the services of an
interpreter, pursuant to article 407 of the Code of
Penal Procedure. This service would have been
available to the author, had the facts required it;
as the facts did not, he suffered no discrimination
under article 26 on account of his language.
6.
The Human Rights Committee, acting
under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil
and Political Rights, is of the view that the facts
as submitted do not disclose a violation of any of
the provisions of the Covenant.
5.6
On the basis of the information before it,
the Committee considers that the French courts
complied with their obligations under article 14.
The author has failed to show that he and the
witness called on his behalf were unable to
_______________
3
See communication No. 273/1988 (B. d. B. v. the
Netherlands), inadmissibility decision of 30 March 1989,
para. 6.4.
95
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