Communication No. 441/1990
Submitted by: Robert Casanovas on 27 December 1990
Alleged victim: The author
State party: France
Declared admissible: 7 December 1993 (forty-eighth session)
Date of adoption of Views: 15 July 1994 (fifty-first session)
not considered urgent and that, since no special
circumstances prevailed, it would be registered in
chronological order, which implied that the case
would not be heard either in 1990 or in 1991.
Subject matter: Delay in administrative court
proceedings in respect of complaint about
dismissal from public service
Procedural issues: French reservation to article
5 (2) (a) of the Optional Protocol – Prior
consideration
of
case
by
European
Commission on Human Rights – Admissibility
ratione materiae
2.3 On 23 January and again on 2 February 1990,
the author notified the Court that he considered such
a delay to constitute a breach of article 6 of the
European Convention for the Protection of Human
Rights and Fundamental Freedoms and, accordingly,
requested the inscription of his case on the court
calendar, pursuant to articles 506 and 507 of the
French Code of Civil Procedure. Again, he received
no reply and therefore asked the Tribunal, on
13 February 1990, to acknowledge receipt of his
earlier submissions. On 15 March 1990, the Court
informed him that he was not being discriminated
against, but that the delays encountered were the
result of a backlog in the handling of earlier cases
dating back to 1986; in the circumstances, it was
impossible to examine the case at an earlier date.
Substantive issues: Concept of “suit at law” – Fair
hearing – Duration of court proceedings
Articles of the Covenant: 2 (3) (a) and (b) and 14 (1)
Articles of the Optional Protocol: 3 and 5 (2) (a)
1.
The author of the communication is Robert
Casanovas, a French citizen residing in Nancy. He
claims to be the victim of a violation by France of
articles 2, paragraph 3 (a) and (b), and 14, paragraph
1, of the International Covenant on Civil and
Political Rights.
2.4 On 21 March 1990, the author once again
requested the President of the Administrative
Tribunal to hear the case. The request was reiterated
on 5 June 1990, but refused by the President of the
Court on 11 June 1990.
The facts as submitted by the author
2.1 The author is a former employee of the fire
brigade sapeurs-pompiers of Nancy. On 1 September
1987, he was appointed head of the Centre de Secours
Principal of Nancy. On 20 July 1988, he was
dismissed for alleged incompetence, by decision of
the regional and departmental authorities. The author
appealed to the Administrative Tribunal (Tribunal
Administratif) of Nancy, which quashed the decision
on 20 December 1988. Mr. Casanovas was reinstated
in his post by decision of 25 January 1989.
2.5 On 20 July 1990, Mr. Casanovas appealed to
the European Commission of Human Rights,
invoking article 6 of the European Convention for
the Protection of Human Rights and Fundamental
Freedoms. By decision of 3 October 1990, the
Commission
declared
his
communication
inadmissible, considering that the Convention does
not cover procedures governing the dismissal of civil
servants from employment.
2.2 The city administration, however, initiated
new proceedings against the author which resulted,
on 23 March 1989, in a second decision terminating
his employment. The author challenged this decision
before the Administrative Tribunal of Nancy on
30 March 1989. On 19 October 1989, the President
of the Tribunal ordered the closure of the
preliminary inquiry. By a letter of 20 November
1989, Mr. Casanovas requested the President of the
Tribunal to put his case on the court agenda at as
early a date as possible; this request was repeated
on 28 December 1989. By a letter dated 11 January
1990, the President informed him that the matter was
2.6 As to the requirement of exhaustion of
domestic remedies, the author submits that he cannot
appeal to any other French judicial instance, unless
and until the Administrative Tribunal of Nancy has
adjudicated his case. He therefore submits that he
should be deemed to have complied with the
requirements of article 5, paragraph 2 (b), of the
Optional Protocol.
The complaint
3.1 The author submits that the State party has
failed to provide him with an "effective remedy",
67
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents