Funke v. France

Funke v. France was a legal case heard by the European Court of Human Rights (ECtHR) in September 1992, with the court publishing its judgement on 25 February 1993. The case was given to the Court in December 1991, the application had been made in February 1984, and related to events occurring in 1980.

Background

Jean-Gustave Funke had brought a case against France, arguing that the nation had breached the European Convention on Human Rights. The demand that he produce documents was an attempt to compel self-incrimination and breached his right to silence (Article 6 paragraphs 1 and 2), and the search of his home was conducted without sufficient safeguards to prevent a breach of his right to privacy (Article 8). Following his death in July 1987, the case was continued by his wife Ruth.

Funke, in 1980 a resident of Lingolsheim, had been visited on 14 January of that year by three customs officers and an officier de police judiciaire. They were investigating tax evasion claims raised by government authorities in Metz. After questioning Funke they spent five and a half hours searching his home; a number of financial documents, a car-repair bill, and two cameras were seized.

The customs officials' seizures did not lead to proceedings in regard to the cause of their investigations (the possible breach of regulations concerning financial dealings with foreign countries), but did result in the officials demanding further document disclosure by Funke - of financial statements relating to specific accounts in the proceeding three years (1977-79) and to the purchase of a house in Schonach.