42 SAUNDERS v. UNITED KINGDOM JUDGMENT DISSENTING OPINION OF JUDGE MARTENS, JOINED BY JUDGE KURIS judgment11 make it clear that a majority within the majority subscribes to this proposition. 15. Why was Mr Saunders not yet "charged" during this first stage? Simply because he had not yet received an "official notification given to an individual by the competent authority of an allegation that he has committed a criminal offence"12. Admittedly, a charge "may in some instances take the form of other measures which carry the implication of such an allegation and which likewise substantially affect the situation of the suspect" 13. It might, therefore, be argued that the inquiry before the DTI inspectors was a form of such "other measures" which: (1) in view of the purpose of the inquiry and the circumstances of the case, carried the implication that Mr Saunders, who was a director of Guinness at the time of the bidding, was suspected of having committed a criminal offence and (2) was affecting his situation of suspect as substantially as if a criminal investigation had been ordered against him. There is, however, no merit in this argument since, just as there is no "charge" if the "official notification" is not given by "the competent authorities" - that is, by the competent prosecuting authorities -, so there is no "charge" if the "other measures" do not emanate from the competent prosecuting authorities. It is common ground, however, that the inquiry before the DTI inspectors – apart from being, essentially, investigative 14 did not emanate from nor was taken over by the prosecuting authorities15 (15). 16. It follows, firstly, that the fact that Mr Saunders was not entitled during this first stage to refuse to answer incriminating questions did not give rise to any violation of his rights under Article 6 (art. 6), especially not the right to remain silent or the privilege against self-incrimination. Secondly, it follows that the essential issue in the present case is whether, where someone has made incriminating statements in the context of an inquiry during which he is obliged to answer any and all questions on pain 11 See note 15 below. See the Corigliano v. Italy judgment of 10 December 1982, Series A no. 57, p. 13, para. 34. 13 Ibid. 14 See the Court's judgment of 21 September 1994 in the case of Fayed v. the United Kingdom, Series A no. 294-B, pp. 47 et seq., paras. 61 and 62. See also paragraph 47 of the present judgment. 15 See the Court's judgment of 27 February 1980 in the case of Deweer v. Belgium, Series A no. 35. In that case there was no official notification of impending prosecution. There was an inspection which was not performed within the context of the repression of crime. Nevertheless, as from a certain moment, the inspection got to a point that Deweer was deemed to be "charged" and that was when the procureur du Roi - the prosecuting authority par excellence – offered Deweer a means to avoid prosecution (see paragraph 46 in conjunction with paragraph 43). Similarly: application no. 4517/70, report of the Commission, Decisions and Reports 2, p. 21, paras. 68-72. 12