LETELLIER v. FRANCE JUDGMENT
7
Letellier was placed in detention and had her detention extended; the proceedings have
never been neglected, as examination of the file shows;
Mrs Letellier’s complaint that a reasonable time has been exceeded is also directed
against the time taken to hear her application for release ... and she infers therefrom,
by analogy with Articles 194 and 574-1 of the French Code of Criminal Procedure,
that such a decision should have been taken within a period of between thirty days and
three months;
However, none of the provisions of that code which are expressly applicable to the
present dispute has been infringed and it must be recognised that the period of time
which elapsed between the date of the application and that of the present judgment is
only the inevitable result of the various appeals filed;
Finally the applicant’s continued detention on remand remains necessary to preserve
public order from the disturbance caused by such a - according to the present state of
the investigation - decisive act of incitement to the murder of Mr Merdy; the extent of
such disturbance, to the whole community, is not determined only on the basis of the
reactions of the victim’s entourage, contrary to what the defence claims ... . "
22. The applicant filed an appeal on points of law. She relied inter alia on
Article 5 § 3 (art. 5-3) of the Convention, claiming that the indictments
division had "failed to consider whether detention lasting more than twentytwo months, when the investigation [was] not yet concluded, exceeded a
reasonable time". She also alleged violation of Article 5 § 4 (art. 5-4)
inasmuch as the eighty-three days which had elapsed between the judgment
of the Court of Cassation on 23 December 1986 and the judgment of the
court to which the application was remitted could not be regarded as
satisfying the requirement of speediness.
The Court of Cassation dismissed the appeal on 15 June 1987 on the
following grounds:
"...
In order to reply to the accused’s submissions based on the provisions of Article 5 §
3 (art. 5-3) of the European Convention for the Protection of Human Rights and
Fundamental Freedoms, which she had claimed had been infringed, the court to which
the application was remitted found that, in relation to the dates on which Monique
Letellier had been placed in detention on remand and had her detention extended,
having regard to the complexity of the case and the necessary investigative measures,
the proceedings had been conducted within a reasonable time within the meaning of
the above-mentioned Convention; it found that the time which had elapsed between
the date of her application for release of 24 January 1986 and that of the present
judgment was only the inevitable result of the various appeals filed, cited in the
judgment;
Moreover, in dismissing this application for release and ordering the accused’s
continued detention on remand, the indictments division, after having referred to the
grounds for suspicion against Monique Letellier, noted that the latter denied having
been an accessory in any way although the declarations in turn of the two main
witnesses conflict with the accused’s version. According to the indictments division, it