Sassi and Benchellali v. France, Nos. 10917/15 and 10941/15, ECtHR (Fifth Section), 25 November 2021

Terrorism and national security. Detention at Guantánamo. Right to a fair trial. No violation. 

Art. 6 ECHR

Art. 6 ECHR

1. The European Court of Human Rights ruled on the applications of two individuals that, after being detained at Guantánamo, were trialled in France, since they were French citizens. The applicants held that their right to fair trial had been violated because the courts had convicted them based on statements made during their detention at Guantánamo. 

2. The Court rejected the application, not finding any violation of art. 6 ECHR. It ruled that, since French authorities had interrogated again the applicants several times, without being aware of intelligence information collected at Guantánamo, the proceeding in France could be considered fair overall.