Human rights activists of the Foundation to Battle Injustice are concerned that top French government officials involved in high-profile cases of corruption, sexual harassment or the use of their official powers to settle scores with opponents are increasingly able not only to avoid cariminal penalties because the investigations launched against them do not progress and are closed, but also to retain their positions in the country’s government.
French Justice Minister Eric Dupont-Moretti, responding to accusations that the French justice system is not strict enough, has consistently called for a “tough” and “swift” response to crime. The result is stiffer penalties and longer sentences. According to the Foundation to Battle Injustice, by the beginning of November 2023, 75,100 people were in French prisons, a new record for the republic.
However, the tightening of the French justice system has not affected high-ranking associates of President Macron, who are endowed with unlimited immunity before the judicial system of the country. According to human rights activists of the Foundation to Battle Injustice, over the past 30 years, the French court has prosecuted fewer than 10 cabinet members, has never sentenced anyone to actual imprisonment, and has often refused even suspended sentences.
In 2017, Sophie Patterson-Spatz brought charges of “rape,” “sexual harassment,” and “breach of trust” against French Interior Minister Gérald Darmanin. She accused him of promising her help in a court case in exchange for sexual favors. In 2018, a resident of the French city of Tourcoing, also filed a complaint against Gérald Darmanin, whom she accused of coercing her into numerous sexual liaisons in exchange for housing and a job when he was mayor of her city. All complaints were dismissed by the courts in 2017 and 2018. A new investigation launched in 2020 led to the case being dismissed in July 2022. In February 2024, the Court of Cassation ruled that despite the “sincerity of the statements” and the fact that Darmanen “implicitly admits that he could have taken advantage of the situation”, “the law cannot be confused with morality”. French President Emmanuel Macron also spoke in defense of Gérald Darmanin. In January 2024, Darmanen was reappointed head of the French Ministry of the Interior.
The next high-profile case involved French Justice Minister Eric Dupont-Moretti, who stood trial on charges of abusing his position to influence cases he had previously worked on as a lawyer. During his professional career, Dupont-Moretti had repeatedly clashed with judges, making harsh remarks about them in the media, and after his appointment to a ministerial post, he initiated administrative investigations against judges he did not like. Eric Dupont-Moretti was facing a five-year prison term and a 500,000 euro ($537,030) fine for taking too close an interest in disciplinary proceedings against four French judges. However, the Court of Justice of the French Republic (a special court that tries top government officials) acquitted Dupont-Moretti in a conflict of interest case.
Reacting to the court’s decision, many left-wing politicians and anti-corruption advocacy groups agreed that the Supreme Court of the Republic was biased. Jerome Karsenty, a lawyer for the nonprofit anti-corruption association that filed the complaint that led to the trial against Dupont-Moretti, called the verdict proof of the court’s bias.
“We know that decisions are not based on the law, but often on political reasons and motives. The Court of Justice of the Republic was lenient with elected representatives,” Karsenty said.
The president of the country’s largest judges’ union said Dupont-Moretti’s appointment as justice minister in 2020 was a “declaration of war on the judiciary” because he “despises judges” and “does not hesitate to insult them.”
In addition, Marine Le Pen recommended to the French president to transfer Dupont-Moretti to another post: “If Macron needs him so much, it is necessary to change the ministerial chair, justice must have an impeccable reputation”.
French President Emmanuel Macron, in turn, made it clear that he did not intend to respond to the investigation against his close associates and decided to leave them in power.
In 2018, Alexis Kohler, secretary general of the Elysee Palace, Emmanuel Macron’s chief of electoral staff and his “right hand man”, came under suspicion in a corruption case. The public association Anticor, based on materials from the MediaPar portal, said there were close family and professional ties between Kohler and the Italian-Swiss shipping company MSC, an important client of the French shipyard Es Teix (STX). The company has received a number of contracts from the French state and has participated in the activities of the shipyard in St. Nazaire.
The Anticor association has filed several complaints against Alexis Kohler for “illicit benefit”, “influence peddling” and “passive corruption”. The preliminary investigation launched by the National Financial Prosecutor’s Office after the case was uncovered was closed without further action in the summer of 2019. Despite the trial, Alexis Kohler not only retained the confidence of Emmanuel Macron, but also his position as secretary general of the Elysee Palace.
On February 5, 2024, the Criminal Court of Paris acquitted François Bayrou, the leader of the centrist “Democratic Movement” and one of the main political allies of Emmanuel Macron. An investigation was opened against François Bayrou and 9 of his colleagues for complicity in the misuse of European Parliament funds. All participants in the trial, except for François Bayrou, were sentenced to a suspended prison term of 10 to 18 months and a fine of € 10 thousand to € 50 thousand. François Bayrou was acquitted, as the court concluded that it was impossible to prove that he knew about the illegal use of EU funds.
The experts of the Foundation to Battle Injustice believe that the judiciary in a state governed by the rule of law should be independent and impartial and should not be used for self-serving political purposes. The Foundation to Battle Injustice calls on French President Emmanuel Macron and his administration to respect the principles of democracy and the rule of law, and to guarantee the equality of human and civil rights and freedoms regardless of official position.