This was an appeal brought against the judgment of the Investigating Chamber of the Rennes Court of Appeal, dated 3 October 2002, based on the alleged violation of art 2 of the Declaration of Human Rights, art 66 of the Constitution, art 5.3 of the European Convention on Human Rights, arts 92 and 108 of UNCLOS, arts 17.2, 17.3 and 17.4 c) of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances signed in Vienna on 20 December 1988, art 13 of the Law of 15 July 1994, and the Preamble and arts 63, 63-1, 63-2, 63-3, 63-4, 64, 591 and 593 of the Code of Criminal Procedure. The appellants complained that the judgment under appeal rejected their request for the nullity of the indictments based, on the one hand, on the unlawful nature of the arrest of the vessel flying a foreign flag and, on the other hand, on the arbitrary nature of their detention on board the ship.

The Central Office for the Repression of Illicit Traffic of Narcotics (OCRTIS) was informed of the existence of trafficking in narcotic products on the vessel Winner, flying the Cambodian flag. The decision to intercept this vessel was taken after OCRTIS received a telegram from the French Ambassador in Phnom Penh dated 7 June 2002, indicating that the State Ministry, Minister of Foreign Affairs of Republic of Cambodia gave its agreement, on behalf of the government of Cambodia, to the interception of the Winner. The vessel was subsequently intercepted by the French naval vessel, the Lieutenant de Vaisseau Le Hénaff, and boarded by commandos who detained the crew and brought the vessel and crew to France.

Held: Appeal dismissed.

The appellants wrongly maintain in the present case that, in accordance with the customary rule codified by art 92 of UNCLOS, the jurisdiction of the State over ships flying its flag on the high seas is both plenary and exclusive and that the flag State alone can resort to coercion to ensure respect for the rules of international law and its own regulations. Article 108 of UNCLOS relating to 'illicit traffic in narcotic drugs and psychotropic substances' stipulates that:

1. All States shall cooperate in the suppression of illicit traffic in narcotic drugs and psychotropic substances engaged in by ships on the high seas contrary to international conventions.

2. Any State which has reasonable grounds for believing that a ship flying its flag is engaged in illicit traffic in narcotic drugs or psychotropic substances may request the cooperation of other States to suppress such traffic.

On the basis of this provision and with reference to the previous United Nations Convention of 30 March 1961 against international drug trafficking, the French authorities were justified in requesting the co-operation of Cambodia to obtain from it authorisation to intercept the Winner to put an end to the drug trafficking in which all or part of its crew was suspected of engaging. Given that Cambodia is not a party to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances signed in Vienna on 20 December 1988, it fell within the jurisdiction of that State to obtain from the French State all the necessary information concerning the alleged drug trafficking, allowing it to assess the merits of the request in sovereign fashion. The diplomatic telegram of 7 June 2002 from the embassy of France, which moreover mentions the reasoned request presented by OCRTIS, is sufficient to establish the existence of the agreement given, without restrictions or reservations, by the government of Cambodia to the planned boarding operation with all its consequences, and is authentic until proven otherwise.