X.
Communication Mo. 439/1990. C.L.D. v. France (decision
of 8 November 1991. adopted at the forty-third session^
Submitted by;
C.L.D. (name deleted)
Alleged victim:
The author
State party;
France
Pate of communication;
26 December 1990
The Human Bights Committee, established under article 28 of the
International Covenant on Civil and Political Rights,
Meeting on 8 November 1991,
Adopts the following:
Decision on admissibilifcy
1.
The author of the communication is C.L.D., a French citizen born in 1956
and a. resident of Lorient, Bretacpae, France. He claims to be a victim of
violations by France of articles 2, paragraphs 1 to 3, 14, 26 and 27 of the
International Covenant on Civil and Political Rights. In 1987, the author had
submitted a communication to the Human Rights Committee, in which he claimed
that the refusal of the French postal authorities to issue his postal cheques
in Breton violated articles 2, paragraphs 1 to 3, 19, paragraphs 2, 26 and 27
of the Covenant. His previous communication was declared inadmissible on
18 July 1988 on the ground of non-exhaustion of domestic remedies, a/
Facts as submitted by the author
2.1 On 1 October 1988, the author was fined for refusing to pay parking fees
in a street of Quimper, Brittany. He requested to appear before the police
tribunal of Quimper, which heard him on 28 February 1990. In court, he
requested the assistance of an interpreter, or to be allowed to express
himself in Breton, which he claims is the language in which he expresses
himself with a maximum of ease. The judge refused his request, upon which
C.L.D, in turn refused to resume his own defence; he was found guilty and
fined 220 French francs.
2.2 The author affirms that the judge's refusal to call an interpreter was
discriminatory, and that the judgement incorrectly reflects his own attitude,
because it notes that "the accused presented his defence and had the last
word" ("le prevenu a presente ses movens de defense, ayant eu la parole le
dernier").
2.3 As to the requirement of exhaustion of domestic remedies, the author
claims that the judgement of the police tribunal of Quimper is final. On
14 November 1990, he addressed a letter to President Francois Mitterrand,
requesting a presidential pardon. By letter of 7 December 199Q, his request
was rejected.
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