SELMOUNI v. FRANCE JUDGMENT
17
As Mr Hervé is still in a position of responsibility, it is necessary, as a matter of
public policy, that sentence be executed immediately. The Court issues a warrant for
Bernard Hervé’s arrest.”
62. The Versailles Criminal Court declared admissible Mr Selmouni’s
application to join the proceedings as a civil party. It noted that he had not
quantified his claims for damages and that he had reserved the right to apply
to the civil courts.
63. The police officers appealed.
64. In a judgment of 8 April 1999 the Versailles Court of Appeal
dismissed an application for release made by Mr Hervé, on the following
grounds:
“… the offences in question, because of their exceptionally serious nature having
regard to the status of senior police officer [officier de police judiciaire], responsible
for enforcing the laws of the Republic, possessed by the accused, who was convicted
at first instance, have resulted in serious and continuing prejudice to public order …”
65. In a judgment of 1 July 1999, following hearings on 20 and 21 May
1999, after which Mr Hervé was released, the Versailles Court of Appeal
acquitted the policemen for lack of evidence on the charge of indecent
assault, but held them to be guilty of “assault and wounding with or under
the threat of the use of a weapon, occasioning total unfitness for work for
less than eight days in the case of Selmouni and more than eight days in the
case of Madi, by police officers in the course of their duty and without
legitimate reason”. It sentenced Mr Hervé to eighteen months’
imprisonment, of which fifteen months were suspended, Mr Gautier and
Mr Staebler to fifteen months’ imprisonment suspended and Mr Hurault to
twelve months’ imprisonment suspended. The Court of Appeal gave, inter
alia, the following reasons for its decision:
“As to guilt
As to the assaults
In absolute terms the word of a policeman, a fortiori that of a senior one [officier de
police judiciaire] is more credible than that of a drug trafficker. That premiss,
however, is weakened, and even made unsound, where statements by offenders are
supported by external evidence such as medical findings. It is put even more in doubt
where the explanations provided by the policemen vary significantly during the course
of the proceedings; and the presumption in favour of the police is destroyed if it is
shown, as in the instant case, that the police reports do not reflect the truth.