LETELLIER v. FRANCE JUDGMENT
6
2. The second application for release of 24 January 1986
16. On 24 January 1986 the applicant again requested her release; the
indictments division of the Paris Court of Appeal dismissed her application
by a decision of 12 February 1986, similar to its earlier decision (see
paragraph 13 above).
17. On an appeal by Mrs Letellier, the Court of Cassation set aside this
decision on 13 May 1986 on the ground that the rights of the defence had
been infringed as neither the applicant nor her counsel had been notified of
the date of the hearing fixed for the examination of the application. It
remitted the case to the indictments division of the Paris Court of Appeal,
composed differently.
18. The latter indictments division dismissed the application on 17
September 1986. It considered that there were "in the light of the evidence
..., serious grounds for suspecting that the accused had been an accessory to
murder". It took the view that "under these circumstances ..., the accused’s
detention [was] necessary, having regard to the seriousness of the offence ...
and the length of the sentence [which she risked], in order to ensure that she
remain[ed] at the disposal of the judicial authorities and to maintain public
order".
It also dismissed the complaints based on a violation of Article 5 §§ 3
and 4 (art. 5-3, art. 5-4) of the Convention, stressing that these complaints
were not based on any provision of the Code of Criminal Procedure and that
it had taken its decision with due dispatch in accordance with that code.
19. At the hearing on 16 September 1986, Mrs Letellier had submitted a
defence memorial. In it she requested the indictments division to order her
release "because her application for release had not been heard within a
reasonable time" within the meaning of Article 5 § 3 (art. 5-3) of the
Convention and to take formal note that she did not object to being placed
under court supervision.
20. On an appeal by Mrs Letellier, the Court of Cassation overturned this
decision on 23 December 1986. It found that the Court of Appeal had not
answered the submissions concerning the failure to respect the "reasonable
time" referred to in Article 5 § 3 (art. 5-3).
21. On 17 March 1987 the indictments division of the Amiens Court of
Appeal dismissed the application, which had been remitted to it, on the
following grounds:
"...
... the charges are indeed based on sufficient, relevant and objective evidence
despite the accused’s claim to the contrary;
Having regard to the complexity of the case and to the investigative measures which
it necessitates, the time taken to conduct the investigation remains reasonable for the
purposes of the European Convention, with reference to the dates on which Mrs