FAKAILO DIT SAFOKA AND OTHERS v. FRANCE - 2871/11 - Chamber Judgment (French Text) [2014] ECHR 1021 (02 October 2014)

FAKAILO DIT SAFOKA AND OTHERS v. FRANCE - 2871/11 - Chamber Judgment (French Text) [2014] ECHR 1021 (02 October 2014)

The Court found that the applicants' detention in cells with insufficient space, lack of ventilation, inadequate lighting, and absence of privacy for 48 hours constituted inhuman and degrading treatment in violation of Article 3, regardless of the short duration. The Court found no violation of Article 6, as the...

Source-derived case information.

Citation
[2014] ECHR 1021
Parties
Applicant: Mikaele Fakailo dit Safoka; Applicant: Gérard Jodar; Applicant: Sele Lami; Applicant: Sagato Uveakovi; Applicant: Julien Vaiagina; Respondent: French Government
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (european Court of Human Rights) / Final Judgment
Outcome
Violation of Article 3; no violation of Article 6; partial award of damages and costs.
Legal Topics
Detention Conditions, Right to Fair Trial, Prohibition of Inhuman or Degrading Treatment, Right to Legal Assistance
Human Rights Law Criminal Procedure Detention Conditions Right to Fair Trial Prohibition of Inhuman or Degrading Treatment Right to Legal Assistance

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Parties

Mikaele Fakailo dit Safoka

Applicant

Gérard Jodar

Applicant

Sele Lami

Applicant

Sagato Uveakovi

Applicant

Julien Vaiagina

Applicant

French Government

Respondent

Procedural Posture

Chamber Judgment (european Court of Human Rights) / Final Judgment

  1. 1 Whether the conditions of detention at Nouméa police station violated Article 3 of the Convention
  2. 2 Whether the applicants' rights of defence under Article 6 §§ 1 and 3 were violated due to detention conditions and lack of legal assistance

Ratio Decidendi

The Court found that the applicants' detention in cells with insufficient space, lack of ventilation, inadequate lighting, and absence of privacy for 48 hours constituted inhuman and degrading treatment in violation of Article 3, regardless of the short duration. The Court found no violation of Article 6, as the trial court provided adequate opportunity for defence after the initial detention.

Court Disposition

Violation of Article 3; no violation of Article 6; partial award of damages and costs.

Orders

  • Strike out application as regards Gérard Jodar due to death and no continuation by heirs.
  • Declare application admissible as to detention conditions at Nouméa police station, inadmissible as to other complaints.