Papon 'unfairly' treated on appeal

Papon believes he is not guilty of commiting crimes against humanity

PARIS, France -- French Nazi collaborator Maurice Papon has won a victory in the European Court of Human Rights after a string of defeats in his attempt to secure release from jail.

Papon, who was supervisor of the pro-Nazi Vichy regime in southwest France during World War II, is serving a 10-year jail term for having signed the orders leading to the deportation of 1,560 Jews between 1942 and 1944.

But he won recognition from the court in Strasbourg on Thursday for having been denied the right to challenge his 1998 conviction and prison sentence.

Papon's lawyer Jean-Marc Varaut welcomed the judgment and told Reuters he would seek his client's release while preparing an appeal to France's highest court, the Cour de Cassation.

The court's decision is a blow to the French government, which has consistently denied Papon's claims of ill-treatment and calls to be released on health grounds.

A French judge had rejected a request from the 91-year-old's lawyers on Wednesday that he be freed because of medical reasons. He has a history of heart problems and wears a pacemaker.

The European Court judged that the French courts had restricted Papon's right to fair treatment in his conviction for crimes against humanity.

The court said France had wrongly denied Papon the right to challenge the 1998 conviction and sentence.

Papon had fled to Switzerland following the conviction but was arrested and began serving his sentence in October 1999.

'Severe sanction'

A French court ruled in 1999 that Papon had forfeited his right to appeal by running away to Switzerland.

The seven judges in Strasbourg said that was a "particularly severe sanction" that hindered Papon's right of access to lawcourts, guaranteed in Article 6 of the European Convention of Human Rights.

"In conclusion ... the applicant had suffered an excessive restriction of his right of access to a court, and therefore of his right to a fair trial," it concluded.

Papon would normally be due for early release in 2004.

French President Jacques Chirac has turned down three requests to pardon Papon, who had headed the Bordeaux area police.

The European Court of Human Rights has also rejected appeals to be freed on the grounds of "inhuman or degrading treatment or punishment."

France still has the option of challenging the verdict in the full 17-judge chamber of the European court.