On April 13th 2005 at 14:35, Me France Moulin was arrested and searched in the tribunal of Orleans. She was placed in police custody and transferred to Toulouse to witness a police search of her office. An arrest warrant (“mandat d’amener“) was then issued by the investigating judge for her arrest. She was released from police custody in Toulouse only to be rearrested under the new warrant and detained in a local jail.
On April 18th 2005, she was charged by an investigating judge of the tribunal of Orleans and another judge ordered her detention in local jail pending the investigation. She was released on May 12th 2005 from the local jail of Bourges.
On October 13th 2005, the request of the applicant to have her case dismissed was rejected by the appeal court of Orleans. On March 1st 2006, her appeal to the Cour de cassation failed.
On September 4th 2006, she filed an application with the Court arguing that the searches of her clothes, her office and her bags were a violation of article 8 of the Convention, her detention in police custody for 5 days was a violation of article 5-3, and that the inability to be represented by a lawyer of her choice was a violation of articles 6-1 and 6-3. The applicant is represented by Me Patrice Spinosi who didn’t answer our email for comments.
On January 10th 2008, the application was communicated to the agent of the French government with questions to be answered within 16 weeks.
On November 23rd 2010, the Court found a violation of article 5-3 of the Convention on the ground that the prosecutor of the Republic is not an “officer authorised by law to exercise judicial power“. The Court awarded the applicant €5,000 for damages and €7,500 for legal fees reimbursement.