CCPR/C/122/D/3090/2017 CCPR/C/122/D/3091/2017 The Minister did not share the author’s view that his pretrial detention had taken place in exceptional circumstances and that it had entailed abnormal damages. The Minister pointed out that the author had been held in pretrial detention in Luxembourg from 30 June 1997 in response to an extradition request from France and that he had then been convicted in France. The ruling had offered the author the possibility of filing a claim against the State, within three months, before the district courts, but he had failed to do so. 2.10 On 4 January 2013, the author wrote a letter to the Luxembourg Minister of Justice complaining that there was no procedure whereby the State of Luxembourg could be compelled to request a State to which it has granted extradition and a request for arrest pending extradition to provide compensation for arbitrary detention in its territory pursuant to article 9 of the Covenant. According to the author, the letter has remained unanswered to date.4 France (communication No. 3091/2017) 2.11 On 4 November 1997, the author was taken to the border and presented to a prosecutor who was authorized solely to verify his identity before incarcerating him in Metz remand prison. On 7 November 1997, the author was transferred to Loos-lès-Lille remand prison. On 10 November 1997, Lille Regional Court confirmed the arrest warrant of 16 April 1996 and ordered the continued detention of the author. On 28 November 1997, however, the Douai Court of Appeal, noting that the author had no criminal record and had afforded evidence of a fixed abode and a stable family situation, concluded that there were adequate guarantees of his appearance before the courts and ordered his release. 2.12 On 16 October 1998, the Lille Criminal Court convicted the author of having deceived various people and sentenced him to one month’s imprisonment. On 20 December 2001, the Douai Court of Appeal acquitted the author on seven counts, but convicted him of attempted fraud and sentenced him to a six-month suspended term of imprisonment. The court also ruled that it was for the author to raise the plea alleging the unlawfulness of the request for remand detention pending extradition and declared the plea inadmissible. In addition, the court ruled that the excessive duration of proceedings could not render them void. Lastly, the court found that the author had waived — irrevocably and even though he was assisted by counsel — the principle of speciality enshrined in article 66 (1) of the Schengen Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, on the gradual abolition of checks at their common borders of 19 June 1990, the application of which the French courts are not required to monitor with regard to the requested State. On 27 November 2002, the Court of Cassation dismissed the author’s appeal against the judgment of 20 December 2001. 2.13 On 3 November 2003, the Douai Court of Appeal dismissed the author’s application for compensation for the damages suffered as a result of his detention from 30 June 1997 to 28 November 1997, on the grounds that he had been convicted of offences in respect of which an arrest warrant had been issued and executed and that he had not been discharged. 5 On 11 June 2004, the National Commission on Compensation for Detention dismissed the author’s appeal. It considered that, since the author had been convicted of attempted fraud, an offence explicitly mentioned in the arrest warrant and that could be invoked to justify the pretrial detention, the lawfulness of the detention was of little importance. 2.14 On 22 October 2008, the Paris Regional Court dismissed the author’s application for compensation for the damage caused by the faulty operation of the judicial system, in particular the fact that the decision concerning his detention was taken more than 72 hours after his arrival at the remand prison following his extradition, whereas article 133 of the Code of Criminal Procedure sets a 24-hour time limit. On 23 March 2010, the Paris Court 4 5 GE.18-10755 The author considers that the absence of a reply amounts to rejection and confirms that there are no legal provisions in Luxembourg requiring a requesting State to provide compensation for an arbitrary request for detention pending extradition, in accordance with article 9 (5) of the Covenant. According to articles 149 and 150 of the Code of Criminal Procedure, full compensation for the moral and material damage suffered is awarded, upon request, to a person whose term of remand in custody is ended by a decision to terminate the proceedings, a discharge decision or a final acquittal decision. 3

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