6
MORICE v. FRANCE JUDGMENT
the CSM be declared null and void, particularly on account of the fact that it
had been made public by the director of the Minister’s private office at a
press conference, even before she had been personally notified of the
decision. In parallel, on 18 October 2000, the Indictments Division of the
Paris Court of Appeal upheld a request by the applicant for the withdrawal
of the “Scientology” case from Judge M.
27. On 4 July 2000, at a general meeting of judges of the Paris tribunal
de grande instance, the issue of the disciplinary proceedings against
Judge M. was raised, in particular because they had been announced in the
press whereas the judge concerned had not been officially informed and the
president of that court had not yet been notified. During that meeting a
judge, J.M., stated as follows:
“We are not prohibited, as grassroots judges, from saying that we stand by
Judge [M.]. It is not forbidden to say that Judge [M.] has our support and trust.”
28. The general meeting drafted the following motion, which was
adopted unanimously:
“The general meeting of judges of the Paris tribunal de grande instance held on
4 July 2000, without disputing the authority conferred on the Minister of Justice to
take disciplinary proceedings in the conditions prescribed by law, is surprised to learn
from the press that such proceedings have been initiated against Judge [M.],
investigating judge in Paris, whereas to date neither the judge herself nor her judicial
hierarchy have been officially informed thereof.”
29. In the context of a magazine interview published in July-August
2000, the chair of the Syndicat de la magistrature, a civil party in the Borrel
case, criticised the “lack of impartiality on the part of Judge M. in the Borrel
and [L.] cases”, adding that the judges who had signed the motion “could
not have been unaware that in two sensitive cases, the Borrel case and the
[L.] case, her impartiality was seriously called into question”.
30. In a judgment of 5 January 2000, the Paris tribunal de grande
instance, in a case brought by the applicant as counsel acting for two civil
parties, found the State liable for gross negligence on the part of the courts
service on account of the disappearance of the so-called “Scientology” file
from the office of Judge M. It awarded damages to the complainants.
31. On 13 December 2001 the CSM dismissed a plea of nullity from
Judge M. and, on the merits, while reproaching her for a certain lack of
rigour or a failure to keep track of the case sufficiently, did not impose any
disciplinary penalty on her.
C. Criminal proceedings against the applicant
32. On 1 August 2000 Judge P., who had been appointed to replace
Judges M. and L.L., drafted a report in which he noted the following chain
of events. In response to the applicant’s request concerning the