LETELLIER v. FRANCE JUDGMENT
15
mentioned by the applicant in his appeals, that the Court is called upon to
decide whether or not there has been a violation of Article 5 § 3 (art. 5-3) of
the Convention (see, inter alia, the Neumeister judgment of 27 June 1968,
Series A no. 8, p. 37, §§ 4-5).
The persistence of reasonable suspicion that the person arrested has
committed an offence is a condition sine qua non for the validity of the
continued detention (see the Stögmüller judgment of 10 November 1969,
Series A no. 9, p. 40, § 4), but, after a certain lapse of time, it no longer
suffices; the Court must then establish whether the other grounds cited by
the judicial authorities continue to justify the deprivation of liberty (ibid.,
and see the Wemhoff judgment of 27 June 1968, Series A no. 7, pp. 24-25,
§ 12, and the Ringeisen judgment of 16 July 1971, Series A no. 13, p. 42, §
104). Where such grounds are "relevant" and "sufficient", the Court must
also ascertain whether the competent national authorities displayed "special
diligence" in the conduct of the proceedings (see the Matznetter judgment of
10 November 1969, Series A no. 10, p. 34, § 12, and the B. v. Austria
judgment of 28 March 1990, Series A no. 175, p. 16, § 42).
36. In order to justify their refusal to release Mrs Letellier, the
indictments divisions of the Paris and Amiens Courts of Appeal stressed in
particular that it was necessary to prevent her from bringing pressure to bear
on the witnesses, that there was a risk of her absconding which had to be
countered, that court supervision was not sufficient to achieve these
objectives and that her release would gravely disturb public order.
1. The risk of pressure being brought to bear on the witnesses
37. The Government pointed out that the charges against Mrs Letellier
were based essentially on the statements of Mr Moysan and Mr Bredon (see
paragraph 9 above). The latter, who was examined by the investigating
judge on 25 November 1985, could not, on account of his failure to appear,
be confronted with the accused on 17 December 1985. The need to avoid
pressure being brought to bear such as was liable to lead to changes in the
statements of witnesses at confrontations which were envisaged was one of
the grounds given in the decision of 22 January 1986 of the Paris
indictments division (see paragraph 13 above).
38. According to the Commission, although such a fear was conceivable
at the beginning of the investigation, it was no longer decisive after the
numerous examinations of witnesses. Moreover, nothing showed that the
applicant had engaged in intimidatory actions during her release subject to
court supervision (see paragraphs 12-13 above).
39. The Court accepts that a genuine risk of pressure being brought to
bear on the witnesses may have existed initially, but takes the view that it
diminished and indeed disappeared with the passing of time. In fact, after 5
December 1986 the courts no longer referred to such a risk: only the
decisions of the Paris indictments division of 22 January, 5 March, 10 April