ABSTRACT

Mr Amosi Salabiaku was a Zairean who was arrested at Roissy Airport when collecting a trunk which was subsequently found to contain a large quantity of cannabis. The applicant asserted that he was unaware of the presence of the cannabis and that he had mistaken the trunk for a parcel he had come to collect. He was charged with both the criminal offence of illegally importing narcotics and the customs offence of smuggling prohibited goods and committed for trial. He was convicted and sentenced to two years’ imprisonment, a prohibition on residing in French territory and a fine. On 9 February 1982, the Paris Court of Appeal set aside the judgment with regard to the criminal offence of illegal importation of narcotics but upheld the first-instance decision as regards the customs offence of smuggling prohibited goods. The Court of Cassation dismissed the appeal on 21 February 1983. The applicant complained that the presumption on the basis of which he was convicted of a customs offence was incompatible with A 6. Comm found by majority (10-3) NV 6(1), (9-4) NV 6(2).