MORICE v. FRANCE JUDGMENT
43
149. The applicant argued that his statements, as published in the
newspaper Le Monde, served precisely to fulfil his task of defending his
client – a task that was for him to determine. However, while it is not in
dispute that the impugned remarks fell within the context of the
proceedings, they were aimed at investigating judges who had been
removed from the proceedings with final effect at the time they were made.
The Court therefore fails to see how his statements could have directly
contributed to his task of defending his client, since the judicial
investigation had by that time been entrusted to another judge who was not
the subject of the criticism.
(b) Contribution to a debate on a matter of public interest
150. The applicant further relied on his right to inform the public of
shortcomings in the handling of ongoing proceedings and to contribute to a
debate on a matter of public interest.
151. On that point, the Court notes, firstly, that the applicant’s remarks
were made in the context of the judicial investigation opened following the
death of a French judge, Bernard Borrel, who had been seconded to the
Djibouti Ministry of Justice as a technical adviser. The Court has already
had occasion to note the significant media interest shown in this case from
the outset (see July and SARL Libération, cited above, § 67), thus reflecting
its prominence in public opinion. Like the applicant, the Court notes,
moreover, that the justice system also contributed to informing the public of
this case, as the investigating judge handling the case in 2007 asked the
public prosecutor to issue a press release, under Article 11, paragraph 3, of
the Code of Criminal Procedure, to announce that the suicide theory had
been dismissed in favour of one of premeditated murder (see paragraphs 24
and 55 above).
152. In addition, as the Court has previously found, the public have a
legitimate interest in the provision and availability of information regarding
criminal proceedings (see July and SARL Libération, cited above, § 66) and
remarks concerning the functioning of the judiciary relate to a matter of
public interest (see paragraph 125 above). The Court has in fact already
been called upon on two occasions, in Floquet and Esménard and July and
SARL Libération (both cited above), to examine complaints relating to the
Borrel case and to the right to freedom of expression in respect of comments
on the handling of the judicial investigation, finding in each of those cases
that there was a debate on a matter of public interest.
153. Accordingly, the Court takes the view that the applicant’s
impugned remarks, which also concerned, as in the said judgments in
Floquet and Esménard and July and SARL Libération, the functioning of
the judiciary and the handling of the Borrel case, fell within the context of a
debate on a matter of public interest, thus calling for a high level of