Two trade unionists convicted after refusing to undergo biological testing for inclusion in a DNA database have had their human rights court complaint rejected.
In its 22 June decision in the case of Dagregorio and Mosconi v. France (application no. 65714/11) the European Court of Human Rights has unanimously declared the application inadmissible. The
The decision is final.
The applicants Felix Dagregorio and Alain Mosconi, are two trade unionists who took part in the occupation and immobilisation of the SNCM ferry “Pascal Paoli” during the company takeover by a financial operator.
The case concerned their refusal to undergo biological testing, the results of which were to be included in the national computerised DNA database (FNAEG). The applicants, having been convicted at first instance and on appeal, did not lodge an appeal on points of law.
The court emphasised that in the absence of any judicial precedent applicable to the applicants’ situation, there was doubt as to the effectiveness of an appeal on points of law owing to a decision given by the Constitutional Council. The Court considered that it
The Court considered that it was therefore a point which should have been submitted to the Court of Cassation. The mere fact of harbouring doubts as to the prospects of a given appeal succeeding was not sufficient reason for omitting to use the remedy in question.