Tribunal Correctionnel and of the Court of
Appeal of Rennes, that the accused are
sufficiently proficient in the court’s language, it
need not take into account whether it would be
preferable for the accused to express themselves
in a language other than the court language.
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 expressing themselves in the
court language is it obligatory that the services of
an interpreter be made available.
5.8
French law does not, as such, give
everyone a right to speak his or her own
language in court. Those unable to speak or
understand French are provided with the services
of an interpreter. This service would have been
available to the authors had the facts required it;
as they did not, they suffered no discrimination
under article 26 on the ground of their language.
5.7
On the basis of the information before it,
the Committee finds that the French courts
complied with their obligations under article 14,
paragraph 1, in conjunction with paragraphs 3(e)
and (f). The authors have not shown that they, or
the witnesses called on their behalf, were unable
to understand and express themselves adequately
in French before the tribunals. 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
possibility 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
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
before it do not sustain the authors’ claim that
they are victims of a violation of any of the
provisions of the Covenant.
_______________
Communication No. 237/1987
Submitted by: Denroy Gordon (represented by counsel)
Date of communication: 29 May 1987
Alleged victim: The author
State party: Jamaica
Date of adoption of Views: 5 November 1992 (forty-sixth session)
Subject matter: Denial of a fair trial by an
independent and impartial tribunal in a
capital punishment case
Articles of the Optional Protocol: 4 (2) and
5(2)(b)
Procedural issues: Burden of proof—State party
failure to make a submission on the merits—
Exhaustion
of
domestic
remedies—
Unreasonably
prolonged
domestic
remedies—Effective remedy
1.
The author of the communication, dated
29 May 1987, is Denroy Gordon, a Jamaican
citizen, born in 1961, formerly a police officer.
At the time of submission the author was
awaiting execution of a death sentence.
Following the commutation of sentence in 1991,
the author has been serving a sentence of life
imprisonment at Gun Court Rehabilitation
Centre, Jamaica. He claims to be the victim of a
violation by Jamaica of article 14, paragraphs 1
and 3(b), (d) and (e) of the International
Covenant on Civil and Political Rights. He is
represented by counsel.
Substantive issues: Right to a fair hearing—
Right to adequate time and facilities for the
preparation of the defence—Right to be tried
in one’s presence—Right to defend oneself in
person or through legal assistance—Right to
examine witnesses—Availability of legal aid
Articles of the Covenant: 6(4) and 14(1) and
(3)(b), (d) and (e)
47
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