The European Court of Human Rights has dismissed a complaint against France which concerned the intervention of former President Sarkozy in criminal proceedings against the applicant Abdoul Aziz Thiam.

Sarkozy's claim did not breach right to a fair trial

On 18 October the European court decided that a civil claim for damages by Nicolas Sarkozy, then serving as France’s President, did not breach Thiam’s right to a fair trial (Thiam v. France (application no. 80018/12).

In September 2008 the Société Générale bank lodged a criminal complaint against a person or persons unknown for forgery, disseminating forged documents, and fraud, following complaints by Sarkozy, the then President of the Republic, about banking operations conducted on his account.

In October 2008 the public prosecutor began a judicial investigation into fraud within an organised gang. During the investigation, Sarkozy applied to join the proceedings as a civil party.

Judges' independence upheld

The European court found that Sarkozy’s intervention as a civil party in the criminal proceedings against Thiam had not created an imbalance in the parties’ rights and in the conduct of the proceedings.

The court also held that the participation in the proceedings of a public figure who played an institutional role in the career development of judges was capable of casting a legitimate doubt on the latter’s independence and impartiality.

However, after examining the manner in which judges were appointed, their statutory condition and the particular circumstances of the case, it saw no reason to conclude that the judges called upon to decide in the applicant’s case were not independent under Article 6 § 1 of the Convention.