The European Commission of Human Rights sitting in private on
13 May 1986,  the following members being present:

              MM. C. A. NØRGAARD, President
                  G. SPERDUTI
                  J. A. FROWEIN
                  F. ERMACORA
                  E. BUSUTTIL
                  G. JÖRUNDSSON
                  S. TRECHSEL
                  B. KIERNAN
                  A. WEITZEL
                  J. C. SOYER
                  H. G. SCHERMERS
                  H. DANELIUS
                  G. BATLINER
             Mrs. G. H. THUNE
             Sir  Basil HALL

              Mr. H. C. KRÜGER Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection of
Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 23 March 1984 by
H. against France and registered on 14 September 1984 under
file No. 11138/84;

Having regard to the report provided for in Rule 40 of the Rules of
Procedure of the Commission;

Having regard to:

-       The Commission's decision of 5 March 1985 to bring the
application to the notice of the respondent Government and invite them
to submit written observations on its admissiblity and merits;

-       the observations submitted by the respondent Government on
16 August 1985 and the reply submitted by the applicant's
representatives on 24 March 1986.

Having deliberated;

Decides as follows:


The facts as they have been submitted on behalf of the applicant, a
Lebanese citizen born in 1950, by his legal representatives
Messrs. Harold Weston & Co., Solicitors of Croydon, are as follows:

On 15 May 1983 the applicant travelled to London in the course of his
employment as an airline steward with Middle East Airlines.  He was
arrested by police officers of the Scotland Yard Extradition Squad on
an international warrant issued by the Government of France and
subsequently taken to Bow Street Police Station in London and

On 16 May 1983 the applicant was brought before Bow Street
Magistrates' Court and remanded in custody in relation to his
requested extradition to France to face charges of importing drugs
into France.

The request for extradition was heard on 1 November 1983 before the
Chief Metropolitan Stipendiary Magistrate.  The French Government's
application for extradition was refused on the grounds that there was
insufficient evidence against the applicant to justify his

At the conclusion of the court proceedings in London attempts were
made to resolve the difficulties between the applicant and the French
authorities.  The applicant submits that the French authorities were
unforthcoming until a letter was received from the Office of the
Procurator General dated 22 March 1984 which confirmed the information
that the applicant had received by means of private enquiries, namely
that the applicant had been tried in absentia in Paris on 19 January
1984 and convicted and sentenced to 10 years' imprisonment.

The applicant was subsequently informed that the Procureur de la
République de Paris had lodged a general appeal against the judgment
of 19 January 1984.  However, it is not clear to what extent, if any,
such an appeal is open to the applicant and, in the event that it is,
whether he has the right to be represented without being personally


The applicant complains that he has been convicted in absentia in
(France in proceedings which were not fair, contrary to
Article 6 (art. 6).  He submits that he could be subject to further
procedural handicaps if he were to submit to French jurisdiction.

He also complains about the effect of the international warrant, and
invokes Article 5 para. 1 (art. 5-1) and Article 8 para. 1 (art. 8-1)
of the Convention.


The application was introduced on 23 March 1984 and registered on
14 September 1984.

On 5 March 1985 the Commission decided to bring the application to the
notice of the respondent Government pursuant to Rule 42 para. 2(b) of
the Rules of Procedure and to invite them to submit written
observations on its admissibility and merits.

After the grant of extensions, the respondent Government's
observations were filed on 16 August 1985.  On 22 October 1985 the
applicant's representatives requested an English translation of the
respondent Government's observations which was provided by the
Secretariat on 4 December 1985.

On 17 March 1986, in view of the lack of a further reply from the
applicant's representatives, the Rapporteur requested information from
them pursuant to Rule 40 para. 2(a) of the Rules of Procedure as to
whether they intended to file a reply.

On 24 March 1986 the applicant's representatives informed the
Commission that they had lost touch with the applicant and that, since
they were without further instructions, they could not add to the
submissions already made on his behalf.


The applicant has complained of the conformity of criminal proceedings
against him in absentia with Article 6 of the Convention (art. 6) and
invoked Articles 5 and 8 of the Convention (art. 5, 8) in respect
of the continuing international warrant for his arrest.

However, the applicant's representatives have informed the Commission
that they have lost touch with the applicant and are without
instructions and cannot therefore make any further submissions on his

In these circumstances the Commission finds that the applicant has
shown a lack of interest in maintaining his application and that there
are no reasons of a general character affecting the observance of the
Convention which necessitate a further examination of the case.

For these reasons, the Commission


Secretary to the Commission            President of the Commission

    (H. C. KRÜGER)                         (C. A. NØRGAARD)