Complaint
3.
The author claims that the refusal of the judge to hear him in Breton or
to call an interpreter violates his rights under articles 2, paragraphs 1 to
3, 14, 26 and 27 of the Covenant.
Issues and proceedings before the Committee
4.1 Before considering any claims contained in a communication, the Human
Sights Committee must, in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the Optional Protocol to the
Covenant.
4.2 The Committee has noted the author's claim to be a victim of violations
of articles 14 and 26 of the Covenant, It considers that the author has
failed to substantiate, for purposes of admissibility, how he was
discriminated against within the meaning of article 26 and how his right to a
fair trial was violated by the court's refusal to provide him with the
services of an interpreter. The Committee reiterates that article 14,
paragraph 1, iuncto paragraph 3 (f), does not imply that the accused be
afforded an opportunity to express himself in the language which he normally
speaks or in which he expresses himself with a maximum of ease, b/ In this
respect, therefore, the author has failed to advance a claim within the
meaning of article 2 of the Optional Protocol.
4.3 As to the author's claim of a violation of article 27 of the Covenant,
the Committee reiterates that France's "declaration" made in respect of this
provision ("in the light of article 2 of the Constitution ... article 27 [of
the Covenant] is not applicable so far as the Republic is concerned") is
tantamount to a reservation and therefore precludes the Committee from
considering complaints against France alleging violations of article 27 of the
Covenant, c./
5.
The Human Rights Committee therefore decides:
(a) That the communication is inadmissible under article 2 of the
Optional Protocol;
(b) That this decision shall be communicated to the author and, for
information, to the State patty.
[Done in English, French, Russian and Spanish, the English text being the
original version..]
Motes
a/
See Official Records of the General Assembly, Forty-third Session.
Supplement Ho, 40 (A/45/40), annex VIII, sect. E.
by
See Official Records of the General Assembly. Forty-fifth Session.
Supplement Ho. 40 (A/45/40), vol. II, annex IX, sect. G, para. 10.3,
communication Ho. 219/1986.
&/
See ibid., annex X, sect. A, communication Ho. 220/1987.
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