And in the hands of an unscrupulous man, even when that man honestly
believes in the guilt of the prisoner he is examining, mental torture
is not the only form of torture which may be inflicted. Of course there
are no thumbscrews, rack, or water torture in existence in France
nowadays, but there are other and more refined methods of coercion
which an examining magistrate may use, and often does use, against the
prisoner whose case is under consideration. Pathetic mention of these
methods was made, I remember, during the trial of the motor bandits by
one of the prisoners whom the court afterwards acquitted. All the small
comforts which a prisoner (a _prévenu_ is the French expression) may
enjoy while awaiting trial rest entirely on the good or ill will of the
examining magistrate, and he is paramount to permit them or to remove
them, as his will or his fancy dictates. During these preliminary
stages of the trial nobody has any right to interfere with an examining
magistrate or to question his decision on any matter whatsoever. The
prisoner’s lawyer or the prisoner may of course protest, and the
protest must be registered by the clerk, who is always present. But it
rests entirely with the examining magistrate how much severity and how
much leniency are shown to the _prévenu_ while the preliminary trial
proceeds.
Another thing which remains entirely at the examining magistrate’s
discretion is the length of this preliminary trial. He is free to
conclude his examination when he wills. As soon as he considers that
the evidence he has collected is sufficient to allow him to send the
case for trial, and to hand his opinion on it, with the reasons for his
opinion, to the judges, the date of trial is fixed. He may send in this
opinion in a few days, he may take many months over it if he wishes,
and though the imprisonment of a prisoner before trial ranks as part of
the sentence after conviction, an examining magistrate who has taken
a very long time over his preliminary examination may inflict very
serious hardship on a prisoner whom the assize court acquits at the end.
In the case of Madame Caillaux it is probable that the trial will come
on in July or possibly even after the holidays, in September. It is in
everybody’s interest that the trial should not be heard too soon. The
judges need time to probe every tittle of the evidence, the
Government—though the Government will hardly dare to interfere, I
think—will prefer the case to be heard when Paris is comparatively
empty, and the defence will find in a long detention in Saint Lazare
pending her trial a useful argument for mercy to the prisoner.
Public-domain text, read in full here on John Shaqi.
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