Article 6 §3 of the ECHR provides that
“Everyone charged with a criminal offence has the following minimum rights:
a) To be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
b) To have adequate time and facilities for the preparation of his defence;
c) To defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
d) To examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
e) To have the free assistance of an interpreter if he cannot understand or speak the language used in court.”
Article 6 §1 of the ECHR provides that:
«In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. "
The Court of Cassation breaks the decision of the Rennes Court of Appeal which considered that the dismissal procedure is regular and the dismissal justified, having retained that "the infringement of the rights of the defense based on the anonymous character of the testimonials collected by the Ethic Committee is not justified to the extent that the employee had the opportunity to read and comment on them, relied decisively on the report of the Ethic Committee”.
To read all the article, please click on the link below.
Source: Legifrance
· c. cass. 4 juillet 2018, n° 17-18.241 (M. X c/ établissement SNCF mobilités).
Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)
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e-mail : chhum@chhum-avocats.com
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