In this case, Nicolas Sarkozy is not prosecuted because covered by his presidential immunity. But the Paris Criminal Court ordered Tuesday, October 19, the summons of the former head of state. “We are in a principle of equality before the law, Mr. Sarkozy has once again become a citizen like the others and must be treated like everyone else“, said the magistrate Evelyne Sire-Marin. “Legally, this decision is fully in accordance with the law, she continued, recalling however that if he does not want to take the oath, the court will not be able to go further“.”He has both the right to be silent but also the obligation to come and testify“, she explained.
franceinfo: What do you think of this decision?
Evelyne Sire-Marin: First, let us recall that it is not a “small judge” who ordered this appearance as a witness but a court, the Paris Criminal Court, with three magistrates in collegiality who are absolutely not magistrates of the Syndicat de la magistrature , they are specialized independent magistrates. Then, we are in a principle of equality before the law. Mr. Sarkozy has once again become a citizen like any other and must be treated like everyone else. Legally, this decision is completely in accordance with the law. The President of the Republic, during the exercise of his functions, cannot be required to testify, but once he is no longer the President, which is the case, we can quite ask him to come and testify.
Does he have to testify?
If the debate is: can we call him as a witness? The answer is yes, legally, but if he does not want to take the oath, it is quite possible, the court will not be able to go further. Moreover, even if he does not refuse to take an oath, that is to say to tell the truth, nothing but the truth, he will then be able to say: “I have nothing to tell you” and invoke immunity if he wishes.
“Since he is a citizen like the others, he has both the right to be silent but also the obligation to come and testify.”
Evelyne Sire-Marin, honorary magistrateto franceinfo
It is like when a doctor is called as a witness, he takes an oath and then summons medical confidentiality. Mr. Sarkozy can do quite the same thing and the tribunal will not be able to go further.
This summons ten years after this affair, isn’t it a bit long?
Yes, justice is much, much too slow. This is the essential problem which, perhaps, will be dealt with at the Estates General of Justice. It is too long because the investigation of this matter was too long. There are not enough resources, but there has also been a lot of recourse. For three years, the investigation was totally paralyzed by the question of whether advisers to the President of the Republic like Claude Guéant should benefit from presidential immunity like the president? The Court of Cassation said no, they are normal citizens and during the exercise of the functions of the President of the Republic, they can be judged like everyone else, unlike the President. But we had to wait three years for all appeals to be made, this is also a rule of law.
People have the right, when they are indicted, to appeal. But it is true that it paralyzes, it stops the procedures. We have had six years of investigation, that’s a long time, it’s true, but thanks to Anticor’s request, which is a civil party, there is nevertheless a loss – if it is. recognized by the court – seven million euros for taxpayers.