LETELLIER v. FRANCE JUDGMENT
14
FINAL SUBMISSIONS
GOVERNMENT
TO
THE
COURT
BY
THE
32. At the hearing the Government confirmed the submission put forward
in their memorial, in which they asked the Court to "hold that there [had]
not been in this instance a violation of Article 5 §§ 3 and 4 (art. 5-3, art. 54) of the Convention".
AS TO THE LAW
I.ALLEGED VIOLATION OF ARTICLE 5 § 3 (art. 5-3)
33. The applicant claimed that the length of her detention on remand had
violated Article 5 § 3 (art. 5-3), which is worded as follows:
"Everyone arrested or detained in accordance with the provisions of paragraph 1 (c)
of this Article (art. 5-1-c), ... shall be entitled to trial within a reasonable time or to
release pending trial. Release may be conditioned by guarantees to appear for trial."
The Government contested this view. The Commission considered that
after 22 January 1986 (see paragraph 13 above) the grounds for Mrs
Letellier’s detention had no longer been reasonable.
A. Period to be taken into consideration
34. The period to be taken into consideration began on 8 July 1985, the
date on which the applicant was remanded in custody, and ended on 10 May
1988, with the judgment of the Assize Court, less the period, from 24
December 1985 to 22 January 1986, during which she was released subject
to court supervision (see paragraph 12 above). It therefore lasted two years
and nine months.
B. Reasonableness of the length of detention
35. It falls in the first place to the national judicial authorities to ensure
that, in a given case, the pre-trial detention of an accused person does not
exceed a reasonable time. To this end they must examine all the facts
arguing for or against the existence of a genuine requirement of public
interest justifying, with due regard to the principle of the presumption of
innocence, a departure from the rule of respect for individual liberty and set
them out in their decisions on the applications for release. It is essentially on
the basis of the reasons given in these decisions and of the true facts