4
MORICE v. FRANCE JUDGMENT
of the Versailles Court of Appeal of 28 May 2009 (see paragraph 18 below)
records the following sequence of events: Judges M. and L.L. did not reply,
owing to the fact that the witness wished to remain anonymous, and the
information was not followed up; the witness’s Belgian lawyer thus
contacted the applicant, who arranged for the witness to be interviewed by
journalists from the daily newspaper Le Figaro and the French TV channel
TF1, at the end of December 1999; lastly, it was as a result of the
publication and broadcasting of that interview in early January 2000 that
Judges M. and L.L. decided to go to Belgium to assist the Belgian
investigator in taking evidence from the witness.
17. On 31 January 2000 Judges M. and L.L. interviewed the witness in
Brussels. It was subsequently alleged by A. that he had been pressurised and
intimidated by Judge M. to withdraw his testimony, those complaints being
expressly made in a letter of 2 February 2000 from his lawyer to the Crown
Prosecutor. In addition, the witness accused the public prosecutor of
Djibouti of having threatened him to make him recant his statement, and
alleged that the head of the Djibouti secret services had ordered the head of
the Presidential Guard, Captain I., to draft a statement discrediting him.
Captain I. confirmed A’s accusations concerning him.
18. Proceedings were brought in France against the public prosecutor of
Djibouti and the head of the country’s secret services for the procuring of
false evidence, and Judge Borrel’s widow and son, the witness A.,
Captain I., and a French lawyer, A.M., who was implicated, intervened as
civil parties. Evidence was taken from Judge M. in her capacity as witness.
The public prosecutor and the head of the secret services of Djibouti were
sentenced, respectively, to eighteen and twelve months’ imprisonment, and
ordered to pay damages to the civil parties, in a judgment of the Versailles
Criminal Court of 27 March 2008, before being acquitted by the Versailles
Court of Appeal on 28 May 2009.
19. On 2 February 2000, in the context of the judicial investigation in
respect of premeditated murder, three professional unions of judges and
prosecutors, namely the Syndicat de la magistrature, the Association
professionnelle des magistrats and the Union syndicale des magistrats,
applied to be joined to the proceedings as civil parties.
20. On 16 March 2000 the applicant, acting on behalf of Mrs Borrel,
requested, firstly, that evidence be taken from the witness, A., in Belgium,
and, secondly, that a visit to the scene of the crime in Djibouti, in the
presence of the civil parties, be organised.
21. In a decision of 17 March 2000, the investigating judges M. and L.L.
accepted the request concerning A., finding that a new interview was
absolutely necessary. They refused, however, to agree to a site visit, as such
a visit had already been made twice, once in 1999 and again one week
before the decision in question, as they did not see “how a visit to the site in
the presence of the civil party would, at th[at] stage of the proceedings, be