LETELLIER v. FRANCE JUDGMENT
5
It is necessary in order to protect public order from the disturbance caused by the
offence and to ensure that the accused remains at the disposal of the judicial
authorities.
... ."
As a result, the applicant, who had been released on 24 December 1985,
returned to prison on 22 January 1986.
14. At the hearing on 16 January 1986 Mrs Letellier had filed a defence
memorial. In it she stressed that she had waited until the main phase of the
investigation had been concluded before lodging her application for release;
thus all the witnesses had been heard by the police or by the investigating
judge, two series of confrontations with Mr Moysan had taken place and all
the commissions rogatoires had been executed. She noted in addition that
Article 144 et seq. of the Code of Criminal Procedure in no way regarded
the gravity of the alleged offences as one of the conditions for placing and
keeping an accused in pre-trial detention and that the parties seeking
damages (parties civiles) had not filed any observations on learning of her
release. She urged the indictments division to confirm the order of 24
December 1985 releasing her subject to court supervision and stated that she
had no intention whatsoever of evading the prosecution, that she would
comply scrupulously with the court supervision, that she could provide firm
guarantees that she would appear in court and that further imprisonment
would destroy, both financially and emotionally, a whole family, whose sole
head she remained.
15. Mrs Letellier filed an appeal which the Criminal Division of the
Court of Cassation dismissed on 21 April 1986 on the following grounds:
"...
In setting aside the order for the release subject to court supervision of Monique
Merdy, née Letellier, accused of being an accessory to the murder of her husband, the
indictments division, after having set out the facts and noted the existence of
divergences between her statements and the various testimonies obtained, observed
that the offence had caused a disturbance to public order which had not yet
diminished, that, as the investigation was continuing, it was important to prevent any
manoeuvre likely to impede the establishment of the truth and bring pressure to bear
on the witnesses, and that the severity of the sentence to which the accused was liable
at law raised doubts as to whether she would appear for trial if she were released; the
indictments division considered that no measure of court supervision could be
effective in these various respects;
That being so the Court of Cassation is able to satisfy itself that the indictments
division ordered the continued detention of Monique Merdy, née Letellier, by a
decision stating specific grounds with reference to the particular circumstances and for
cases provided for in Articles 144 and 145 of the Code of Criminal Procedure;
... ."