Mr Abdourahim Soumare, a Malian national, had no fixed abode in France when he was convicted. He now lives in Mali. He was arrested in Paris and remanded in custody on 22 January 1988 in connection with a heroin-trafficking operation involving five other people. He was charged with illegally importing controlled substances (852 grams of heroin) and of conspiring with a co-accused to import drugs and of being his accomplice.
On 13 December 1991 the applicant applied to the Ministry of Justice to be transferred to Mali under the Franco-Malian Treaty on the Transfer of Sentenced Persons. On 30 June 1992 the Ministry rejected the application on the ground that the customs fine had not been paid. It added that the application could be reconsidered if all or part of the sum was paid, and that to that end the applicant could, if he so wished, contact the customs authorities with a view to a settlement.
The applicant complained of a breach of Article 5 § 4 of the Convention in that he had not been able to have a court rule on the lawfulness of his detention under the order for his imprisonment in default. He also complained of a breach of Articles 4, 6 § 2, 11 and 14 of the Convention and of Article 1 of Protocol No. 4 to the Convention.
Citation: Soumare v France (App no 23824/94) ECHR 24 August 1998
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)