LETELLIER v. FRANCE JUDGMENT
13
[The indictments division] shall, when dealing with the question of detention, give
its decision as speedily as possible and not later than thirty days [fifteen since 1
October 1988] after the appeal provided for in Article 186, failing which the accused
shall automatically be released, except where verifications concerning his application
have been ordered or where unforeseeable and insurmountable circumstances prevent
the matter from being decided within the time-limit laid down in the present Article."
Article 567-2
"The criminal division hearing an appeal on a point of law against a judgment of the
indictments division concerning detention on remand shall rule within three months of
the file’s reception at the Court of Cassation, failing which the accused shall
automatically be released.
The appellant or his lawyer shall, on pain of having his application dismissed, file
his memorial setting out the appeal submissions within one month of the file’s
reception, save where exceptionally the president of the criminal division has decided
to extend the time-limit for a period of eight days. After the expiry of this time-limit,
no new submission may be raised by him and memorials may no longer be filed.
... ."
PROCEEDINGS BEFORE THE COMMISSION
30. In her application of 21 August 1986 to the Commission
(no.12369/86) Mrs Letellier complained that her detention on remand had
exceeded the "reasonable time" provided for in Article 5 § 3 (art. 5-3) of the
Convention. She alleged furthermore that the various courts which had in
turn examined her application for release of 24 January 1986 had not ruled
"speedily" as is required under Article 5 § 4 (art. 5-4).
31. The Commission declared the application admissible on 13 March
1989. In its report of 15 March 1990 (Article 31) (art. 31), it expressed the
opinion that there had been a violation of paragraph 3 (unanimously) and
paragraph 4 (seventeen votes to one) of Article 5 (art. 5-3, art. 5-4). The full
text of the Commission’s opinion and the dissenting opinion accompanying
the report is reproduced as an annex to this judgment .
∗
Note by the Registrar: for practical reasons this annex will appear only with the printed
version of the judgment (volume 207 of Series A of the Publications of the Court), but a
copy of the Commission's report is obtainable from the registry.
∗