PROCEDURE

The case originated in an application (no. 43626/98) against the French Republic lodged with the European Commission of Human Rights under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a French national, Mr Guy Laumont (“the applicant”), on 16 January 1997.

The applicant, who had been granted legal aid, was represented by Mrs A. Lequerre-Derbise, of the Val-de-Marne Bar. The French Government (“the Government”) were represented by their Agent, Mr R. Abraham, Director of Legal Affairs at the Ministry of Foreign Affairs.

Relying on Article 5 §§ 1 and 4 of the Convention, the applicant complained, in particular, that he had been held in detention arbitrarily in that he had been kept in custody even though the order extending his detention had expired.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

The application was allocated to the Second Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

By a decision of 31 August 2000 the Chamber declared the application partly admissible [Note by the Registry. The Court’s decision is obtainable from the Registry].

On 27 October 2000 the Government, but not the applicant, filed further written observations on the merits of the case (Rule 59 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

On 12 November 1994 four armed robbers wearing masks entered the premises of a transport company which employed a number of inmates from Poissy Prison who were in semi-detention or on external work assignments. After locking the entire staff in the lavatories, they forced the company manager, whom they had taken hostage, to open the safe, from which they stole 120,000 French francs (FRF) in cash before making off. The investigators concentrated their inquiries on some of the prison inmates. One of them, G.D., had witnessed the offences and been threatened by the robbers.

On 13 January 1995 the managing director of the company had a cheque stolen. The home of one of the company’s employees, E.M., was searched and a forged identity card bearing the applicant’s photo was discovered, together with a sawn-off shotgun. The employee admitted that he had provided the applicant with information to help him commit the armed robbery in return for the sum of FRF 10,000. He also stated that he had recognised the applicant while the offence was being committed despite the mask he had been wearing and that the applicant was the robber who had been carrying the sawn-off shotgun.

On 19 January 1995 the investigating judge at the Versailles tribunal de grande instance decided to have the applicant detained pending trial and issued a warrant of commitment for armed robbery, false imprisonment, and wounding with intent and wilful violence resulting in total unfitness for work for less than eight days.

On 18 January 1996 the investigating judge made an order extending detention for four months from 19 January 1996.

The applicant’s detention was twice extended for a further four months, on 14 May 1996 from 19 May onwards and on 13 September 1996 from 19 September onwards.

On 30 September 1996 the investigating judge substituted for the charge of false imprisonment with voluntary release (an intermediate offence (délit)) the more serious one of false imprisonment (crime) and made a partial discharge order. In accordance with Article 181 of the Code of Criminal Procedure, he ordered that the file be transferred to the public prosecutor’s office at the Versailles Court of Appeal with a view to the Indictment Division indicting the applicant and committing him for trial at the Assize Court. That order was served on the applicant on 3 October 1996.

In a judgment of 27 November 1996 the Indictment Division of the Versailles Court of Appeal ordered further investigations to be made and appointed for that purpose the investigating judge at the Versailles tribunal de grande instance who had previously been in charge of the investigation.

On 20 January 1997 the applicant requested that a bailiff be called on to record officially that his detention had become unlawful as the last order extending it, dated 13 September 1996 and effective from midnight on 19 September 1996 for a period of four months, had expired at midnight on 19 January 1997.

In a formal demand for information (sommation interpellative) addressed to the governor of Fresnes Prison the bailiff asked to be sent the detention order by virtue of which the applicant was still being held in his prison. In reply he was told that the applicant was being detained under the transfer order of 30 September 1996 and the Versailles Court of Appeal’s judgment of 27 November 1996.

The applicant stated that he had lodged a complaint with the Créteil public prosecutor alleging arbitrary detention but had received no reply.

On 9 April 1997 the applicant made an application to the Indictment Division for his immediate release on the ground that he was being detained arbitrarily as the judge’s initial warrant of commitment had ceased to have any effect on 19 January 1997.

In a judgment of 25 April 1997 the Indictment Division dismissed that application for the following reason: “It is not disputed that the judgment of 27 November 1996 was delivered within the time laid down by the last paragraph of Article 214 of the Code of Criminal Procedure. Consequently, since the Indictment Division did not rule on the facts being investigated, the warrant of commitment issued by the investigating judge continued to have effect. …”

In the same judgment the Indictment Division ordered that the applicant should be kept in custody to avoid all risk of pressure being brought to bear on witnesses or collusion and because he could not provide sufficient sureties that he would appear for trial.

The applicant appealed on points of law, relying on grounds of appeal based, firstly, on an infringement of Article 725 of the Code of Criminal Procedure and, secondly, on a breach of Articles 201 and 214 of the Code of Criminal Procedure and Article 5 of the Convention.

In a judgment of 19 August 1997 the Court of Cassation dismissed the appeal on the following grounds: “It appears from the impugned judgment and the documents on the file that on 19 January 1995 a warrant of commitment was issued in respect of [the applicant], who was under investigation for offences including armed robbery. On expiry of its validity a year later, the investigating judge extended the detention three times for four months, the final extension taking effect on 19 September 1996. On 27 November 1996, following the investigating judge’s transfer order of 30 September 1996, the Indictment Division ordered further investigations. [The applicant] made an application to the Indictment Division for his release, alleging that the detention order had ceased to be valid on 19 January 1997 and that he had been unlawfully detained since that date; that application was refused in the judgment now appealed against. In so ruling, the investigating court did not lay itself open to the objections raised. Since the judges ordered further investigations within the time allowed by Article 214, third paragraph, of the Code of Criminal Procedure, the initial warrant of commitment remained effective, in accordance with Article 181, second paragraph, of the Code, after the transfer order was issued and so remains until a decision on indictment is taken …”

On 10 September 1997, after completion of the further investigations, the Indictment Division directed that the applicant be committed for trial at the Yvelines Assize Court charged with armed robbery, false imprisonment and other connected lesser offences. The judgment committing the applicant for trial at the Assize Court also contained an order for him to be remanded in custody. An appeal on points of law by the applicant against that judgment was dismissed by the Court of Cassation on 18 December 1997.

On 9 and 10 June 1998 the applicant was tried at the Versailles Assize Court, which sentenced him to ten years’ imprisonment. In a judgment delivered on the same day on the civil claims the applicant was ordered to pay the civil party FRF 50,000 in damages.

In a judgment of 3 March 1999 the Court of Cassation dismissed appeals on points of law by the applicant against the Assize Court’s judgments.
NOT_CONFIDENTIAL
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001-59873_a11_e1
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CODE
DIRECT
43626/98
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insert
001-59873_a11_e2
001-59873_a11_em2
ORG
NO_MASK
001-59873_a11_em8
French Republic
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001-59873_a11_e3
001-59873_a11_em3
DEM
NO_MASK
French
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001-59873_a11_e4
001-59873_a11_em4
PERSON
DIRECT
Mr Guy Laumont
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001-59873_a11_em5
DATETIME
QUASI
16 January 1997
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001-59873_a11_em6
PERSON
QUASI
Mrs A. Lequerre-Derbise
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001-59873_a11_e7
001-59873_a11_em7
ORG
QUASI
Val-de-Marne Bar
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001-59873_a11_e2
001-59873_a11_em8
ORG
NO_MASK
French Government
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001-59873_a11_e8
001-59873_a11_em9
PERSON
QUASI
Mr R. Abraham
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001-59873_a11_em10
DATETIME
QUASI
1 November 1998
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001-59873_a11_em11
DATETIME
QUASI
31 August 2000
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001-59873_a11_e11
001-59873_a11_em12
DATETIME
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27 October 2000
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001-59873_a11_em13
DATETIME
QUASI
12 November 1994
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correct
001-59873_a11_e13
001-59873_a11_em14
ORG
QUASI
Poissy Prison
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001-59873_a11_e14
001-59873_a11_em15
MISC
QUASI
lavatories
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001-59873_a11_em16
QUANTITY
QUASI
120,000 French francs
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001-59873_a11_em17
PERSON
NO_MASK
G.D.
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DATETIME
QUASI
13 January 1995
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001-59873_a11_em19
PERSON
NO_MASK
E.M.
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001-59873_a11_em20
QUANTITY
QUASI
FRF 10,000
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001-59873_a11_em21
DATETIME
QUASI
19 January 1995
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001-59873_a11_em22
ORG
QUASI
Versailles tribunal de grande
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001-59873_a11_e22
001-59873_a11_em23
DATETIME
NO_MASK
eight days
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DATETIME
QUASI
18 January 1996
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001-59873_a11_em25
DATETIME
NO_MASK
four months
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001-59873_a11_e25
001-59873_a11_em26
DATETIME
QUASI
19 January 1996
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001-59873_a11_em27
DATETIME
NO_MASK
four months
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001-59873_a11_em28
DATETIME
QUASI
14 May 1996
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001-59873_a11_e27
001-59873_a11_em29
DATETIME
NO_MASK
19 May onwards
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001-59873_a11_e28
001-59873_a11_em30
DATETIME
QUASI
13 September 1996
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001-59873_a11_e29
001-59873_a11_em31
DATETIME
NO_MASK
19 September
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001-59873_a11_e30
001-59873_a11_em32
DATETIME
QUASI
30 September 1996
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001-59873_a11_e31
001-59873_a11_em33
ORG
QUASI
Versailles Court of Appeal
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001-59873_a11_e32
001-59873_a11_em34
ORG
NO_MASK
Indictment Division
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001-59873_a11_em35
ORG
QUASI
Assize Court
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001-59873_a11_e34
001-59873_a11_em36
DATETIME
QUASI
3 October 1996
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001-59873_a11_em37
DATETIME
QUASI
27 November 1996
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001-59873_a11_e36
001-59873_a11_em38
ORG
NO_MASK
Indictment Division of the Versailles Court of Appeal
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001-59873_a11_em39
ORG
QUASI
Versailles tribunal de grande
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001-59873_a11_em40
DATETIME
QUASI
20 January 1997
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001-59873_a11_em41
DATETIME
QUASI
13 September 1996
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001-59873_a11_em42
DATETIME
QUASI
19 September 1996
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001-59873_a11_e24
001-59873_a11_em43
DATETIME
NO_MASK
four months
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001-59873_a11_e39
001-59873_a11_em44
DATETIME
QUASI
19 January 1997
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correct
001-59873_a11_e40
001-59873_a11_em45
ORG
QUASI
Fresnes Prison
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001-59873_a11_em46
DATETIME
QUASI
30 September 1996
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001-59873_a11_em47
ORG
NO_MASK
Versailles Court of Appeal
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001-59873_a11_e35
001-59873_a11_em48
DATETIME
QUASI
27 November 1996
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001-59873_a11_e41
001-59873_a11_em49
LOC
QUASI
Créteil
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001-59873_a11_e42
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DATETIME
QUASI
9 April 1997
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ORG
NO_MASK
Indictment Division
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001-59873_a11_em52
DATETIME
QUASI
19 January 1997
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DATETIME
QUASI
25 April 1997
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001-59873_a11_em54
ORG
NO_MASK
Indictment Division
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001-59873_a11_em55
DATETIME
QUASI
27 November 1996
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001-59873_a11_em56
ORG
NO_MASK
Indictment Division
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001-59873_a11_em57
ORG
NO_MASK
Indictment Division
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001-59873_a11_e44
001-59873_a11_em58
DATETIME
QUASI
19 August 1997
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001-59873_a11_em59
ORG
NO_MASK
Court of Cassation
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001-59873_a11_em60
DATETIME
QUASI
19 January 1995
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DATETIME
NO_MASK
year later
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DATETIME
NO_MASK
four months
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DATETIME
QUASI
19 September 1996
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DATETIME
QUASI
27 November 1996
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001-59873_a11_em65
DATETIME
QUASI
30 September 1996
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001-59873_a11_em66
ORG
NO_MASK
Indictment Division
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ORG
NO_MASK
Indictment Division
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001-59873_a11_em68
DATETIME
QUASI
19 January 1997
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DATETIME
QUASI
10 September 1997
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001-59873_a11_e32
001-59873_a11_em70
ORG
NO_MASK
Indictment Division
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001-59873_a11_e33
001-59873_a11_em71
ORG
QUASI
001-59873_a11_em72
Yvelines Assize Court
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001-59873_a11_e33
001-59873_a11_em72
ORG
QUASI
Assize Court
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001-59873_a11_e45
001-59873_a11_em73
ORG
NO_MASK
Court of Cassation
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001-59873_a11_e48
001-59873_a11_em74
DATETIME
QUASI
18 December 1997
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001-59873_a11_em75
DATETIME
QUASI
9 and 10 June 1998
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001-59873_a11_em76
ORG
NO_MASK
Versailles Assize Court
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001-59873_a11_e51
001-59873_a11_em77
DATETIME
QUASI
ten years
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001-59873_a11_e52
001-59873_a11_em78
QUANTITY
QUASI
FRF 50,000
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001-59873_a11_e53
001-59873_a11_em79
DATETIME
QUASI
3 March 1999
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001-59873_a11_e45
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ORG
NO_MASK
Court of Cassation
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001-59873_a11_e33
001-59873_a11_em81
ORG
QUASI
Assize Court
Guy Laumont
FRA
CHAMBER
Task: Annotate the document to anonymise the following person: Guy Laumont