32
MORICE v. FRANCE JUDGMENT
available to him to rectify the shortcomings in question. The Government
submitted that lawyers, as officers of the court, were thus obliged to use
legal proceedings to correct any alleged errors; by contrast, harsh criticism
in the press, where legal means could be used instead, was not justified by
the requirements of the effective defence of the lawyer’s client and cast
doubt on the probity of the justice system.
108. In the present case the Government took the view that there had
been numerous possible judicial remedies open to the applicant for the
effective defence of his client and that he had in fact made use of them. His
statements in the media could therefore only have been for the purpose of
informing the public about a subject of general interest, but, as they
concerned an ongoing case, he should have spoken with moderation.
109. In examining the impugned remarks, the Government referred to
the margin of appreciation afforded to States in such matters. The article in
question concerned a particularly sensitive case which, from the outset, had
received significant media coverage. In their view, it could be seen from the
article in Le Monde that the offending remarks were aimed, unequivocally,
at the two judges and were phrased in terms that impugned their honour.
The applicant had not confined himself to a general criticism of the
institutions but had expressed biased views, without the slightest prudence.
In the Government’s submission, he had not made factual statements
regarding the functioning of the judicial system, but rather value judgments
that cast serious doubt on the investigating judges’ integrity. The
Government stated that the domestic courts had carefully examined each of
the statements in question to establish whether they went beyond the limits
of acceptable criticism. They further submitted that the evidence produced
by the applicant was devoid of probative value.
110. Concerning the applicant’s unsuccessful defence of good faith,
based on the duties inherent in his responsibility to defend his client’s
interests, the Government observed that the French courts had assessed
good faith in the light of Article 10 of the Convention and the four criteria
that had to be fulfilled concurrently: the legitimacy of the aim pursued, the
absence of personal animosity, the seriousness of the investigation carried
out or of the evidence obtained by the author of the comments and, lastly,
the prudence shown in expressing them. The domestic courts had taken the
view that those conditions had not been fulfilled in the present case and had
regarded the applicant’s remarks as a settling of scores with a judge. The
applicant was at fault not for expressing himself outside the courtroom, but
for using excessive comments, whereas he could have expressed himself
without impugning the honour of State officials.
111. The Government submitted that such attacks on judges did not
contribute either to a clear public understanding of the issues, since the
judicial authority had no right of reply, or to the proper conduct of the
judicial proceedings in a context in which the investigating judge who was