The Minister of Justice Eric Dupond-Moretti this Sunday defended his controversial order which offers the possibility of having an accused appear by videoconference at the end of the assize trial, believing that there is no other “solution” for that justice “turns” in the middle of a pandemic.
The text signed Wednesday by the former criminal lawyer exceptionally authorizes, during the health crisis, that the final part of a criminal trial – pleadings and requisitions – can take place in the physical absence of the accused.
“You are very nice”
This possibility, left to the discretion of the presidents of the assize courts, could allow the trial of the January 2015 attacks to resume on Monday after a three-week hiatus, even if the lawyers for the accused see it as an “unfair violation” of rights. of the defense.
“Some [de ces avocats], I called them, I said to them “But you are very nice, but what is there as a solution? What is there as a measure that the minister could have taken? ” “Eric Dupond-Moretti rebelled on BFMTV.
“We wait for justice to work, we have to know what we want. The same lawyers who said that it is not possible for (justice) to stop today are suing me, ”continued the Minister of Justice.
“An iniquitous and flagrant violation of the fundamental rights of litigants and of the rights of the defense”.
In a column published on Saturday in Le Monde, 19 defense lawyers in the trial of the 2015 attacks believe that “this order, cut to the millimeter to unblock the river trial in which we are actors, is an unfair and flagrant violation of the fundamental rights of litigants and the rights of the defense “.
In a separate forum, 47 of their colleagues defending the civil parties also denounced a “worrying attack on the functioning of justice, which nobody could be satisfied”. On Tuesday, the Council of State will also urgently examine an appeal against this order, which has also been criticized by several unions of magistrates.
Dupond-Moretti emphasizes “suffering”
For the Minister of Justice, the part that could take place by videoconference is “a phase where the accused is no longer likely to speak”. “This order is not binding,” he adds, adding that the case can also be referred.
In such a case, “my ministry will be ready for a new trial, to which all the victims will return, with the suffering that this can generate, we must start over from the beginning, with undoubtedly the accused who will be free”, he warns.