LETELLIER v. FRANCE JUDGMENT
19
appeals filed by Mrs Letellier herself on procedural issues: in thirteen
months and three weeks the indictments divisions gave three decisions and
the Court of Cassation two; the time which it took for these decisions to be
delivered was in no way excessive and could not be criticised because it was
in fact the result of the systematic use of remedies available under French
law.
56. The Court has certain doubts about the overall length of the
examination of the second application for release, in particular before the
indictments divisions called upon to rule after a previous decision had been
quashed in the Court of Cassation; it should however be borne in mind that
the applicant retained the right to submit a further application at any time.
Indeed from 14 February 1986 to 5 August 1987 she lodged six other
applications, which were all dealt with in periods of from eight to twenty
days (see paragraph 23 above).
57. There has therefore been no violation of Article 5 § 4 (art. 5-4).
III. APPLICATION OF ARTICLE 50 (art. 50)
58. According to Article 50 (art. 50),
"If the Court finds that a decision or a measure taken by a legal authority or any
other authority of a High Contracting Party is completely or partially in conflict with
the obligations arising from the ... Convention, and if the internal law of the said Party
allows only partial reparation to be made for the consequences of this decision or
measure, the decision of the Court shall, if necessary, afford just satisfaction to the
injured party."
Under this provision, the applicant claimed compensation for damage
and the reimbursement of costs.
A. Damage
59. Mrs Letellier sought in the first place 10,000 francs in respect of nonpecuniary damage and 435,000 francs for pecuniary damage; the latter
amount was said to represent half the turnover which her bar-restaurant
could have achieved between her arrest and the verdict of the assize court.
60. The Government did not perceive any causal connection between the
alleged breaches and the pecuniary damage resulting for the applicant from
her deprivation of liberty, which she would in any case have had to undergo
once convicted. Furthermore, they considered that the finding of a violation
would constitute sufficient reparation for the non-pecuniary damage.
61. The Delegate of the Commission expressed the view that she should
be awarded compensation for non-pecuniary damage and, if appropriate,
pecuniary damage, but did not put forward any figure.
62. The Court dismisses the application for pecuniary damage, because
the pre-trial detention was deducted in its entirety from the sentence. As to