Abracadabrantesque?
The term popularized by Jacques Chirac in 2000, then President of the Republic, to qualify the suspicions weighing in the so-called HLM case of the city of Paris investigated by judge Éric Halphen, does it apply to the suspicions of partiality targeting this same magistrate today?
It is the first president of the Court of Appeal of Paris who will have to say it after the reception of a request for challenge formulated by Olivia Ronen, lawyer of Jean-Pierre B.
This 65-year-old retiree, living in Isère, has been in pre-trial detention for two and a half years.
Like eleven other people, he is suspected of having wanted to attack the life of the President of the Republic by being part of the so-called Barjols group, bringing together activists of the right-wing identity.
Arrested by the DGSI (General Directorate of Internal Security) and placed in pre-trial detention since November 2018, he continues to proclaim his innocence and demand his release.
Read also An exalted pensioner at the heart of the attack project against Macron
On Wednesday May 5, his case was to be studied again by the investigating chamber of the Paris Court of Appeal.
But, surprise, at the head of the composition of three magistrates, the famous judge Eric Halphen.
“It was the first time I had seen him preside over a Chamber hearing,” says Olivia Ronen.
She then does some research by tapping on the screen of her cell phone and there, the surprise turns into astonishment.
She discovers that Eric Halphen gave his support to Emmanuel Macron in 2017.
Better, the same year, he was a candidate for the legislative election in the second constituency of Calvados under the label LREM, the presidential party.
"A legitimate suspicion of partiality"
For Olivia Ronen, these public positions are incompatible with the role he must play that day. She therefore files a challenge before the first president of the Paris Court of Appeal. The lawyer points to "a legitimate suspicion of bias" on the part of Judge Halphen. When the case is called, the magistrate then appears surprised by this request. Suspended hearing for thirty minutes. On his return, Eric Halphen announces that he is returning the case to this Monday, May 10, reminding the lawyer that any request for an abusive challenge may be punished by a fine. Amount incurred: 700 euros.
"Impartiality is the minimum that can be expected of his judge, especially in such a political case, tances Olivia Ronen.
And when the magistrate in question has long claimed anti-corruption, it is even more astonishing.
He should have deported.
"
According to our information, the first presidency of the Paris Court of Appeal receives an average of ten challenge requests each year.
Half results in a fine ... "The first president will seek his opinion from Mr. Halphen," explains a judicial source.
He will also ask the Attorney General and make an order.
As Mr Halphen has decided to return the case, there is no rush to render this decision.
When contacted, Eric Halphen did not wish to answer our questions.
"The magistrate can freely engage in favor of a political party"
Today an advisor to the Court of Appeal, he declared in an interview with the LCP channel in 2017: "It is outside of my working hours that I support Macron!"
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According to the deontological obligations of the magistrates published by the Superior Council of the Magistrature, “the magistrate can freely join or engage in favor of a political party.
Conflict of interest situations must, where appropriate, be resolved by the deportation of the magistrate concerned.
[…] The public support given by an active magistrate to a candidate for a political election can prove to be problematic depending on the functions exercised by the magistrate, the jurisdiction of the jurisdiction in which he exercises, the nature of the election and the possible legal cases concerning the candidate receiving this support.
"
Eric Halphen had already been a candidate for deputy, it was in 2002 in the 5th constituency of Essonne, for the Republican Pole of Jean-Pierre Chevènement.
He is also an author of thrillers.