Faurisson v. France

Comment:

Pursuant to rule 85 of the Committee's rules of procedure, Committee members Christine Chanet and Thomas Buergenthal did not participate in the consideration of the case. A statement made by Mr. Buergental was appended to the views. (Appendix A) Five individual opinions were submitted, signed by seven members: B. Nisuke Ando (concurring) C. Elizabeth Evatt and David Kretzmer, co-signed by Eckart Klein (concurring) D. Cecilia Medina Quiroga (concurring) E. Rajsoomer Lallah (concurring) F. Prafullachandra Bhagwati (concurring)

Substantive issues:

• access to court
• accused persons / convicted persons
• competent, independent and impartial tribunal
• effective remedy
• fair trial
• freedom of opinion and expression
• freedom of thought, conscience or religion
• incitement to racial discrimination, violence or hatred
• limitations of rights
• ne bis in idem
• restrictions of rights

Substantive articles:

• 14 (1)
• 14 (7)
• 19 (1)
• 19 (2)
• 19 (3)
• 20 (2)

Procedural issues:

• exhaustion of domestic remedies

Procedural articles:

• 2
• 5 (2) (b)