PROCEDURE

The case originated in an application (no. 33592/96) against France lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a German national, Mr Bernd Karl Baumann (“the applicant”), on 21 July 1995.

The applicant was represented by Mr F. Jemoli, a lawyer practising in Strasbourg. The French Government (“the Government”) were represented by their Agent, Mr Ronny Abraham, Director of Legal Affairs at the Ministry of Foreign Affairs.

The applicant complained that he had been denied access to a tribunal, within the meaning of Article 6 § 1 of the Convention, or an effective remedy, within the meaning of Article 13 of the Convention, by which to assert his right of ownership of seized property which had subsequently been confiscated pursuant to a judgment of 13 June 1994. He also alleged a breach of Article 1 of Protocol No. 1 to the Convention on the ground that he had been the victim of a breach of his right to peaceful enjoyment of his possessions. Lastly, relying on Article 2 of Protocol No. 4 to the Convention, the applicant complained of an infringement of his right to freedom of movement as a result of the seizure and subsequent confiscation of his passport.

On 14 January 1998 the Commission (Second Chamber) decided to give notice to the Government of the complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 and Article 2 of Protocol No. 4 to the Convention and to request them to submit their written observations on the admissibility and merits of those complaints. The Government submitted their observations on 2 June and 25 August 1998 after an extension of the time-limit fixed for that purpose. The applicant replied on 13 July and 13 October 1998.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

The application was allocated to the Third Section of the Court (Rule 52 § 1 of the Rules of Court).

On 14 March 2000 the Chamber declared the application admissible.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

On 27 November 1993 Strasbourg police officers spotted an occupied vehicle parked in a car park. It turned out that the vehicle had been stolen the previous day in Strasbourg. The investigators proceeded to arrest O.H., who had come to take delivery of the stolen vehicle, and S.B, who had handled it. The on-the-spot investigation established that other transactions had taken place and that the two arrested men used to meet in a hotel in Brumath (Bas-Rhin). The police officers went to the hotel where they arrested O.H.'s wife and Miss C.E while the latter was about to get into a vehicle belonging to the applicant.

When questioned at the hotel C.E. stated that her boyfriend, the applicant, had been staying at the hotel for some time, but had been taken into hospital in Germany on 26 November 1993 because his health had given cause for alarm.

Their hotel room was searched. The investigators seized a German passport in the applicant's name, 7,700 German marks (DEM) and 2,150 French francs (FRF) found in C.E.'s handbag, bank documents, a vehicle registration certificate and various hand-written documents. Those items were sealed and deposited at the consignment of exhibits department at the Strasbourg tribunal de grande instance.

After her release from police custody no court proceedings were brought against C.E. None were brought against the applicant either.

On 30 November 1993 O.H. and S.B were charged by an investigating judge of the Strasbourg tribunal de grande instance.

The applicant's lawyer lodged an application under Article 99 of the Code of Criminal Procedure on 6 December 1993, registered at the investigating judge's office on 8 December 1993, requesting the investigating judge to return the money and other seized items, including the passport. He received no reply from the investigating judge.

On 5 January 1994 the applicant was arrested by the criminal police of Pirmasens (Germany) and convicted by a criminal court in Landau. Since then he has since been imprisoned in Zweibrücken Prison, where he is due to remain until 4 March 2006.

O.H. and S.B. were committed for trial at the Strasbourg Criminal Court where they were tried and convicted on 13 June 1994 without the applicant or his girlfriend having been informed. The applicant could not therefore lodge an application for the return of his possessions with the criminal court trying the case.

On 14 September 1994 the applicant's lawyer renewed his request to the investigating judge of 6 December 1993. He received no reply.

On 28 October 1994 the applicant's lawyer lodged an application with the public prosecutor under Article 41-1 of the Code of Criminal Procedure for the return of the DEM 7,700, the bank statements and a rechargeable mobile-telephone battery.

On 7 November 1994 the public prosecutor refused his application on the ground that the items had been confiscated by order of the Criminal Court in its judgment of 13 June 1994 in the proceedings against O.H. and S.B. In his reply the public prosecutor referred to the application lodged with the investigating judge on 6 December 1993 and renewed on 14 September 1994.

On 6 January 1995 the applicant's lawyer lodged an application with the Sixth Criminal Division of the Strasbourg tribunal de grande instance under Article 710 of the Code of Criminal Procedure for the return of the seized items. The application, which just bore the stamp of the Strasbourg public prosecutor's office, dated 6 January 1995, concerned the applicant's passport, the DEM 7,700, the bank statements and the rechargeable mobile-telephone battery.

On 6 February 1995 the public prosecutor replied to that application as follows: “Despite my letter of 7 November 1994 advising you that nothing could be returned to Mr Baumann on any grounds whatsoever because the court had ordered confiscation of the sealed items, you persist in wishing to obtain a hearing in connection with the sealed items in question. I regret to have to repeat myself in pointing out that the judgment dated 9 May 1994 has become res judicata and that Article 710 of the Code of Criminal Procedure does not provide for the reopening of proceedings terminated by a confiscation decision which has become final. Article 710 of the Code of Criminal Procedure is reserved for interlocutory applications relating to the execution of a decision and not disputes about the penalties imposed. The court in question did not have any power to reconsider a measure which had become res judicata. ...”

In a letter of 12 February 1996 C.E. requested the public prosecutor to return the seized DEM 7,700 and FRF 2,150 on the ground that the money belonged to her and that she was not in any way involved in the criminal proceedings. In a letter of 29 April 1996 she renewed her request, stating among other things: “my ex-boyfriend has put me in a difficult position which has seriously changed my life ... I have incurred debts because of him ... it is very important for me to recover my money...”
NOT_CONFIDENTIAL
check
001-59470_a11_e1
001-59470_a11_em1
CODE
DIRECT
33592/96
NOT_CONFIDENTIAL
check
001-59470_a11_e2
001-59470_a11_em2
ORG
NO_MASK
France
NOT_CONFIDENTIAL
check
001-59470_a11_e3
001-59470_a11_em3
DEM
QUASI
German
NOT_CONFIDENTIAL
check
001-59470_a11_e4
001-59470_a11_em4
PERSON
DIRECT
Mr Bernd Karl Baumann
NOT_CONFIDENTIAL
check
001-59470_a11_e5
001-59470_a11_em5
DATETIME
QUASI
21 July 1995
NOT_CONFIDENTIAL
check
001-59470_a11_e6
001-59470_a11_em6
PERSON
QUASI
Mr F. Jemoli
NOT_CONFIDENTIAL
insert
001-59470_a11_e7
001-59470_a11_em7
LOC
QUASI
Strasbourg
NOT_CONFIDENTIAL
check
001-59470_a11_e2
001-59470_a11_em8
ORG
NO_MASK
001-59470_a11_em2
French Government
NOT_CONFIDENTIAL
check
001-59470_a11_e8
001-59470_a11_em9
PERSON
QUASI
Mr Ronny Abraham
NOT_CONFIDENTIAL
check
001-59470_a11_e9
001-59470_a11_em10
DATETIME
QUASI
13 June 1994
NOT_CONFIDENTIAL
check
001-59470_a11_e10
001-59470_a11_em11
DATETIME
QUASI
14 January 1998
NOT_CONFIDENTIAL
check
001-59470_a11_e11
001-59470_a11_em12
DATETIME
NO_MASK
2 June
NOT_CONFIDENTIAL
check
001-59470_a11_e12
001-59470_a11_em13
DATETIME
QUASI
25 August 1998
NOT_CONFIDENTIAL
check
001-59470_a11_e13
001-59470_a11_em14
DATETIME
NO_MASK
13 July
NOT_CONFIDENTIAL
check
001-59470_a11_e14
001-59470_a11_em15
DATETIME
QUASI
13 October 1998
NOT_CONFIDENTIAL
check
001-59470_a11_e15
001-59470_a11_em16
DATETIME
QUASI
1 November 1998
NOT_CONFIDENTIAL
check
001-59470_a11_e16
001-59470_a11_em17
DATETIME
QUASI
14 March 2000
NOT_CONFIDENTIAL
check
001-59470_a11_e17
001-59470_a11_em18
DATETIME
QUASI
27 November 1993
NOT_CONFIDENTIAL
check
001-59470_a11_e7
001-59470_a11_em19
LOC
QUASI
Strasbourg
NOT_CONFIDENTIAL
check
001-59470_a11_e7
001-59470_a11_em20
LOC
QUASI
Strasbourg
NOT_CONFIDENTIAL
check
001-59470_a11_e18
001-59470_a11_em21
PERSON
NO_MASK
O.H.
NOT_CONFIDENTIAL
insert
001-59470_a11_e19
001-59470_a11_em22
PERSON
NO_MASK
S.B
NOT_CONFIDENTIAL
check
001-59470_a11_e20
001-59470_a11_em23
LOC
QUASI
Brumath
NOT_CONFIDENTIAL
insert
001-59470_a11_e21
001-59470_a11_em24
LOC
QUASI
Bas-Rhin
NOT_CONFIDENTIAL
correct
001-59470_a11_e18
001-59470_a11_em25
PERSON
NO_MASK
O.H.
NOT_CONFIDENTIAL
check
001-59470_a11_e22
001-59470_a11_em26
PERSON
NO_MASK
Miss C.E
NOT_CONFIDENTIAL
check
001-59470_a11_e22
001-59470_a11_em27
PERSON
NO_MASK
001-59470_a11_em26
C.E.
NOT_CONFIDENTIAL
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001-59470_a11_e23
001-59470_a11_em28
LOC
QUASI
Germany
NOT_CONFIDENTIAL
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001-59470_a11_e24
001-59470_a11_em29
DATETIME
QUASI
26 November 1993
NOT_CONFIDENTIAL
check
001-59470_a11_e3
001-59470_a11_em30
DEM
QUASI
German
NOT_CONFIDENTIAL
check
001-59470_a11_e25
001-59470_a11_em31
QUANTITY
QUASI
7,700 German marks
NOT_CONFIDENTIAL
check
001-59470_a11_e26
001-59470_a11_em32
QUANTITY
QUASI
2,150 French francs
NOT_CONFIDENTIAL
check
001-59470_a11_e22
001-59470_a11_em33
PERSON
NO_MASK
C.E.
NOT_CONFIDENTIAL
insert
001-59470_a11_e27
001-59470_a11_em34
ORG
QUASI
Strasbourg tribunal de grande
NOT_CONFIDENTIAL
insert
001-59470_a11_e22
001-59470_a11_em35
PERSON
NO_MASK
C.E.
NOT_CONFIDENTIAL
check
001-59470_a11_e28
001-59470_a11_em36
DATETIME
QUASI
30 November 1993
NOT_CONFIDENTIAL
insert
001-59470_a11_e18
001-59470_a11_em37
PERSON
NO_MASK
O.H.
NOT_CONFIDENTIAL
check
001-59470_a11_e19
001-59470_a11_em38
PERSON
NO_MASK
S.B
NOT_CONFIDENTIAL
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001-59470_a11_e7
001-59470_a11_em39
LOC
QUASI
Strasbourg
NOT_CONFIDENTIAL
check
001-59470_a11_e29
001-59470_a11_em40
DATETIME
QUASI
6 December 1993
NOT_CONFIDENTIAL
check
001-59470_a11_e30
001-59470_a11_em41
DATETIME
QUASI
8 December 1993
NOT_CONFIDENTIAL
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001-59470_a11_e31
001-59470_a11_em42
DATETIME
QUASI
5 January 1994
NOT_CONFIDENTIAL
check
001-59470_a11_e32
001-59470_a11_em43
LOC
QUASI
Pirmasens
NOT_CONFIDENTIAL
insert
001-59470_a11_e23
001-59470_a11_em44
LOC
QUASI
Germany
NOT_CONFIDENTIAL
correct
001-59470_a11_e33
001-59470_a11_em45
LOC
QUASI
Landau
NOT_CONFIDENTIAL
correct
001-59470_a11_e34
001-59470_a11_em46
ORG
QUASI
Zweibrücken Prison
NOT_CONFIDENTIAL
check
001-59470_a11_e35
001-59470_a11_em47
DATETIME
QUASI
4 March 2006
NOT_CONFIDENTIAL
check
001-59470_a11_e18
001-59470_a11_em48
PERSON
NO_MASK
O.H.
NOT_CONFIDENTIAL
correct
001-59470_a11_e36
001-59470_a11_em49
PERSON
NO_MASK
S.B.
NOT_CONFIDENTIAL
correct
001-59470_a11_e37
001-59470_a11_em50
ORG
QUASI
Strasbourg Criminal Court
NOT_CONFIDENTIAL
check
001-59470_a11_e9
001-59470_a11_em51
DATETIME
QUASI
13 June 1994
NOT_CONFIDENTIAL
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001-59470_a11_e38
001-59470_a11_em52
DATETIME
QUASI
14 September 1994
NOT_CONFIDENTIAL
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001-59470_a11_e29
001-59470_a11_em53
DATETIME
QUASI
6 December 1993
NOT_CONFIDENTIAL
check
001-59470_a11_e39
001-59470_a11_em54
DATETIME
QUASI
28 October 1994
NOT_CONFIDENTIAL
insert
001-59470_a11_e40
001-59470_a11_em55
QUANTITY
QUASI
DEM 7,700
NOT_CONFIDENTIAL
check
001-59470_a11_e41
001-59470_a11_em56
DATETIME
QUASI
7 November 1994
NOT_CONFIDENTIAL
check
001-59470_a11_e42
001-59470_a11_em57
ORG
NO_MASK
Criminal Court
NOT_CONFIDENTIAL
check
001-59470_a11_e9
001-59470_a11_em58
DATETIME
QUASI
13 June 1994
NOT_CONFIDENTIAL
correct
001-59470_a11_e18
001-59470_a11_em59
PERSON
NO_MASK
O.H.
NOT_CONFIDENTIAL
check
001-59470_a11_e36
001-59470_a11_em60
PERSON
NO_MASK
S.B.
NOT_CONFIDENTIAL
check
001-59470_a11_e29
001-59470_a11_em61
DATETIME
QUASI
6 December 1993
NOT_CONFIDENTIAL
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001-59470_a11_e38
001-59470_a11_em62
DATETIME
QUASI
14 September 1994
NOT_CONFIDENTIAL
check
001-59470_a11_e43
001-59470_a11_em63
DATETIME
QUASI
6 January 1995
NOT_CONFIDENTIAL
insert
001-59470_a11_e44
001-59470_a11_em64
ORG
NO_MASK
Sixth Criminal Division
NOT_CONFIDENTIAL
check
001-59470_a11_e27
001-59470_a11_em65
ORG
QUASI
Strasbourg tribunal de grande
NOT_CONFIDENTIAL
check
001-59470_a11_e7
001-59470_a11_em66
LOC
QUASI
Strasbourg
NOT_CONFIDENTIAL
check
001-59470_a11_e43
001-59470_a11_em67
DATETIME
QUASI
6 January 1995
NOT_CONFIDENTIAL
check
001-59470_a11_e40
001-59470_a11_em68
QUANTITY
QUASI
DEM 7,700
NOT_CONFIDENTIAL
check
001-59470_a11_e45
001-59470_a11_em69
DATETIME
QUASI
6 February 1995
NOT_CONFIDENTIAL
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001-59470_a11_e41
001-59470_a11_em70
DATETIME
QUASI
7 November 1994
NOT_CONFIDENTIAL
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001-59470_a11_e4
001-59470_a11_em71
PERSON
DIRECT
001-59470_a11_em4
Mr Baumann
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001-59470_a11_e46
001-59470_a11_em72
DATETIME
QUASI
9 May 1994
NOT_CONFIDENTIAL
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001-59470_a11_e47
001-59470_a11_em73
DATETIME
QUASI
12 February 1996
NOT_CONFIDENTIAL
correct
001-59470_a11_e22
001-59470_a11_em74
PERSON
NO_MASK
C.E.
NOT_CONFIDENTIAL
correct
001-59470_a11_e40
001-59470_a11_em75
QUANTITY
QUASI
DEM 7,700
NOT_CONFIDENTIAL
insert
001-59470_a11_e48
001-59470_a11_em76
QUANTITY
QUASI
FRF 2,150
NOT_CONFIDENTIAL
check
001-59470_a11_e49
001-59470_a11_em77
DATETIME
QUASI
29 April 1996
Bernd Karl Baumann
FRA
CHAMBER
Task: Annotate the document to anonymise the following person: Bernd Karl Baumann