LETELLIER v. FRANCE JUDGMENT
17
45. The Government considered on the other hand that court supervision
would not have been sufficient to avert the consequences and risks of the
alleged offence.
46. When the only remaining reason for continued detention is the fear
that the accused will abscond and thereby subsequently avoid appearing for
trial, he must be released if he is in a position to provide adequate
guarantees to ensure that he will so appear, for example by lodging a
security (see the Wemhoff judgment, cited above, Series A no. 7, p. 25, §
15).
The Court notes, in agreement with the Commission, that the indictments
divisions did not establish that this was not the case in this instance.
4. The preservation of public order
47. The decisions of the Paris indictments division of 22 January, 5
March and 23 December 1986 and of 10 April and 24 August 1987 (see
paragraphs 13 and 23 above), like that of the Amiens indictments division
of 17 March 1987 (see paragraph 21 above), emphasized the need to protect
public order from the disturbance caused by Mr Merdy’s murder.
48. The applicant argued that disturbance to public order could not result
from the mere commission of an offence.
49. According to the Commission, the danger of such a disturbance,
which it understood to mean disturbance of public opinion, following the
release of a suspect, cannot derive solely from the gravity of a crime or the
charges pending against the person concerned. In order to determine
whether there was a danger of this nature, it was in its view necessary to
take account of other factors, such as the possible attitude and conduct of
the accused once released; the French courts had not done this in the present
case.
50. For the Government, on the other hand, the disturbance to public
order is generated by the offence itself and the circumstances in which it has
been perpetrated. Representing an irreparable attack on the person of a
human being, any murder greatly disturbs the public order of a society
concerned to guarantee human rights, of which respect for human life
represents an essential value, as is shown by Article 2 (art. 2) of the
Convention. The resulting disturbance is even more profound and lasting in
the case of premeditated and organised murder. There were grave and
corroborating indications to suggest that Mrs Letellier had conceived the
scheme of murdering her husband and instructed third parties to carry it out
in return for payment.
51. The Court accepts that, by reason of their particular gravity and
public reaction to them, certain offences may give rise to a social
disturbance capable of justifying pre-trial detention, at least for a time. In
exceptional circumstances this factor may therefore be taken into account
for the purposes of the Convention, in any event in so far as domestic law