6.2 As to the alleged violation of article 2 of the Covenant, the State party argues that this article can never be
violated directly and in isolation. A violation of article 2 can only be admitted to the extent that other rights
recognized by the Covenant have been violated (paragraph 1) or if necessary steps to give effect to Covenant rights
have not been taken (paragraph 2). A violation of article 2 can only be the corollary of another violation of a
Covenant right. The State party contends that the author did not base his argument on any precise facts, and that he
cannot demonstrate that he has been a victim of discrimination in his relations with the judicial authorities. It was up
to him to use the remedies which were available to him.
6.3 With respect to the alleged violation of article 16, the State party notes that the author has not put forth any
specific complaint and dismisses his interpretation of this provision as abusive. Thus, the standing of the author in
the administrative procedure has never been at issue; what was refused was the possibility to submit his case in
Breton, as
in the absence of legislative provision to the contrary, the language of procedure in French courts is the French language"
(judgement of the Rennes Administrative Tribunal, 21 November 1984, Quillévéré case).
6.4 Concerning the alleged violation of article 19, paragraph 2, the State party submits that the author has not
substantiated how his freedom of expression has been violated. On the contrary, his letter to the Minister of Justice
demonstrates that he had ample opportunity to present his position. Furthermore, "freedom of expression" within the
meaning of article 19 cannot be construed as encompassing the right of French citizens to use Breton before French
administrative tribunals.
6.5 As to article 26, the State party rejects the author's contention that the refusal by the Administrative Tribunal
of Rennes of a complaint submitted in Breton constitutes discrimination on grounds of language. On the contrary, the
authorities based themselves on generally applicable rules which
are intended to facilitate the administration of justice by enabling the tribunals to rule on the original submission
(without having to resort to translation).
6.6 Finally, the State party recalls that upon ratification of the Covenant, the French Government entered a
reservation with respect to article 27: "In the light of article 2 of the Constitution of the French Republic, the French
Government declares that article 27 is not applicable so far as the Republic is concerned".
7.1 In his comments, dated 23 May 1989, the author rejects the State party's contention that the communication
is inadmissible because of non-exhaustion of domestic remedies. Thus, he submits that his letter to the Minister of
Justice was meant to be an appeal against the decision of the Administrative Tribunal not to register his complaint.
Moreover, the State party has failed to indicate to the Committee exactly what kind of remedies would be open to
him. To the author, this failure is easily explained, as the State party itself must be well aware that remedies are nonexistent, once the court of first instance has refused to register a complaint submitted in Breton. Every subsequent
complaint submitted in Breton is bound to suffer the same fate, regardless of which judicial instance is the addressee.
7.2 The author reaffirms that violations of his rights under articles 16, 19, 26 and 27 entail ipso facto a violation
of article 2, paragraphs 1 and 2. He adds that several legislative proposals have deliberately been ignored by
successive French governments, although they would have brought France at least partially into compliance with
article 2. With respect to article 16, the author qualifies the State party's interpretation as restrictive if not
discriminatory. He expresses surprise at its argument that his standing before the court was never at issue despite the
fact that his complaint was not even registered, and contends that the refusal of his complaint necessarily meant a
denial of standing. Furthermore, he argues that the Covenant does not link the issue of legal personality to the use, in
court, of any specific language, and that in the absence of specific legal rules confirming the use of French as the
43
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents