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 44

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