LETELLIER v. FRANCE JUDGMENT
10
In consequence the detention on remand is absolutely necessary on account of the
particularly serious disturbance caused by the offence.
It is to be feared that Mrs Letellier will seek to evade trial, having regard to the
severity of the sentence which she risks.
It is consequently essential that the accused remains in detention in order to ensure
that she is at the disposal of the trial court.
The guarantees of court supervision would clearly be inadequate to attain these
objectives.
... ."
24. In the defence memorials which she submitted at the hearings on 23
December 1986, 3 March 1987 and 10 April 1987, Mrs Letellier stressed
the contradictions in the investigation and the statements of the witnesses.
Moreover, she contested the arguments put forward to justify the extension
of her detention. She maintained that, once released, she would remain at
the disposal of the judicial authorities and that public order would in no way
be threatened; she would comply scrupulously with any court supervision;
she would provide very firm guarantees for her appearance in court and her
continued detention would destroy emotionally and financially a whole
family, whose sole head she remained. She claimed the benefit of the
presumption of innocence, a fundamental and inviolable principle of French
law.
In her memorial of 3 March 1987, the applicant also invoked Article 5 §
3 (art. 5-3) of the Convention. She noted that "... in accordance with the
case-law of the European Court of Human Rights, the grounds given in the
decision(s) concerning the application(s) for release, on the one hand, taken
together with the true facts indicated by [her] in her applications, on the
other, [made] it possible [for her] to affirm that those grounds contained
both in the judgment ... of 12 February 1986 and in the preceding judgment
of 22 January 1986 and in the subsequent judgments [were] neither relevant
nor sufficient". She added that the parties seeking damages, the victim’s
mother and sister, had not formulated any observations when she had filed
her applications for release of December 1985, January, February, March,
November and December 1986, whereas they had energetically opposed
those of Mr Moysan; she reiterated this last argument in her memorial of 10
April 1987.
25. The case followed its course. On 26 May 1987 the investigating
judge made an order terminating the investigation and transmitting the
papers to the public prosecutor’s office. On 1 July the Créteil public
prosecutor lodged his final submissions calling for the file to be transmitted
to the principal public prosecutor’s office of the Court of Appeal. This was
ordered by the investigating judge on 8 July.