Elysee polls trial: Nicolas Sarkozy summoned as a witness on November 2

Published on : 19/10/2021 – 15:29

Nicolas Sarkozy will have to come and testify. The Paris judicial court ordered Tuesday, October 19, the hearing of the former French president as a witness in the Elysee polls trial, a case in which he is not prosecuted because he is covered by his presidential immunity.

Cited at the trial by the Anticor association, civil party, the former head of state had indicated in a letter that he did not intend to come and testify. However, the court “ordered that this witness be brought before him by the police to be heard on November 2”.

The court “considers that it follows from the order before it that the testimony of Nicolas Sarkozy is indeed (…) necessary for the manifestation of the truth” and that it is “likely to have an influence on the charges against the defendants “, underlined the president.

According to the Constitution, the President of the Republic is covered by immunity for acts performed during his mandate, but the supreme text “does not in any way prevent a former president from being heard as a witness”, recalled the magistrate, who also cited the case law of the European Court of Human Rights (ECHR) concerning the rights of defense of defendants.

Asked about this decision, the entourage of Nicolas sarkozy did not wish to speak “at this stage”.

Five close to Nicolas Sarkozy tried

Already cited during the investigation in 2016 by Anticor, Nicolas Sarkozy had refused to come and the examining magistrate Serge Tournaire then estimated that forcing him to do so would be “disproportionate”.

On Monday, the National Financial Prosecutor’s Office (PNF), which represents the prosecution at this trial, considered that “the position of the investigating judge” was “a position of common sense and wisdom”, adding “to recover” to the court concerning a possible recourse to the public force.

The court also refused the transmission of a priority question of constitutionality (QPC) raised by the defense of the former secretary general of the presidency Claude Guéant.

After these decisions, the president began to set out, as is customary, the case that the court will study for four weeks.

Five former relatives of Nicolas Sarkozy, including the former secretary general of the presidency Claude Guéant, are on trial on suspicion of favoritism and embezzlement of public funds around consulting contracts and surveys between 2007 and 2012.

With AFP