Funke V. France - Background

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. Funke initially promised to provide the documents but shortly afterwards declined to do so.

In April 1982, customs authorities applied to the Strasbourg District Court for an attachment to Funke's property of 100,220 French franc (FRF). This was in part in lieu of the confiscation of undeclared funds, and in part for the payment of a fine due to breaches of the Custom Code. The court granted the order five days later.