Violation of right to fair trial by use of “caution” measure (ECtHR)
In Chamber's judgment dated 19.3.2026 in the case of B.G. v. France (application no. 70945/17) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights. The case primarily concerned the failure to afford the guarantees of the right to a fair trial during “caution” (rappel à la loi) proceedings initiated by the public prosecutor against the applicant for false accusation of rape. The applicant, aged 16 at the time, had reported a 17-year-old man, L.A., to the police for rape. Following the discontinuance of the investigation into that complaint, L.A.’s mother reported the applicant to the police for making a false accusation. Although the applicant stood by the details of her initial complaint, she was issued with a caution and was consequently included in the criminal history database for a five-year period. The Court emphasised the importance and the ...