These were appeals brought by the defendants against the judgment of the Fort-de-France Court of Appeal, 9 January 2007, which, in the information against them of counts of offences against the legislation on narcotics by organised gangs and criminal associations, declared inadmissible their request for the annulment of certain procedural acts.

The French Customs Service, acting under art 17 of the Vienna Convention of 19 December 1988 against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, proceeded to board the yacht Canito, registered in Gibraltar and flying the British flag, which was sailing on the high seas off the archipelago of Guadeloupe. The vessel visit revealed 800 kgs of cocaine. An information was opened before the examining magistrate of Fort-de-France and the three crew members of the yacht were indicted.

The defendants alleged the violation of arts 111-5 and 113-12 of the Penal Code, arts 4 and 17 of the Vienna Convention of 19 December 1988, arts 94 and 108 of UNLCOS, art 13 of the Law of 15 July 1994 on the modalities for the exercise by the State of its police powers at sea, and arts 591, 593 and 689 of the Code of Penal Procedure. The accused, Italian nationals, argued that the authorisation given by the British authorities to board and seize control of the vessel and the abandonment of UK jurisdiction to France was illegal since the yacht was flying the flag of Gibraltar, which alone was empowered to issue the authorisation.

Held: Appeal dismissed.

Even if it was wrong for the Investigating Chamber to state that the regularity of the procedure for boarding a ship on the high seas was beyond its purview, the judgment does not, however, require amendment. The Judges held that on an application of art 17 of the Vienna Convention of 19 December 1988, the British authorities gave the French authorities the authorisation to carry out the control of the yacht, registered in Gibraltar, a dependent territory of the United Kingdom, and flying the British flag, and surrendered to the French authorities their jurisdiction over this vessel.