Sarkozy's Initial 24 Hours Behind Bars: No Individual Is Above the Law

As he made his way at the Parisian detention facility this week, the former French leader posted a declaration brimming with opposition via social media, asserting, "It's not a former president of the republic facing incarceration today, but rather an wrongfully accused individual." A court of appeal will eventually decide regarding the accuracy of his claim. But unfortunately for the ex-president, the drama and significance of his decline cannot be ignored.

The Legal Judgment

France's leader during the 2007-2012 term, the former president was judged culpable of criminal conspiracy to acquire prohibited donations from the administration of the deceased Libyan leader, the Libyan strongman. Sentenced to a five-year prison term, he has become the initial ex-head of an EU member state to go behind bars, and the earliest French head of state since the disgraced head of the Vichy regime, the Vichy leader. Across France where the chosen leader possesses a quasi-monarchical status, this week's extraordinary spectacle was a historic occasion.

Citizen Confidence and Legal Consequences

At a time when faith in political institutions in France has declined drastically to the extent where warning signs are evident, it was also a instructive example that everyone is subject to the law. As per a study published this week, two-thirds of respondents said that they thought a large number of elected officials were corrupt, and the vast majority said that the majority operated primarily out of self-interest. In sentencing Mr Sarkozy and directing that his sentence should commence promptly, the presiding magistrate, the judge, declared that she took into account both the exceptionally grave nature of the crimes and the fact that they were "could damage citizens' trust."

Courtroom Struggles

Those thoughts might be seen as ordinary, particularly since that Mr Sarkozy has previously been sentenced in separate corruption cases. Yet the legal proceedings and its consequences have troublingly exposed the degree to which in France, as in other countries, the rule of law is threatened by a recently popular disdain for courts and the try to influence of the popular view.

In Trumpian fashion, an comprehensive and precise legal process has been falsely depicted by Mr Sarkozy's supporters as a legal conspiracy and political retaliation. After the verdict last month, the former president effectively denounced his punishment as invalid and condemned the "animosity" with "no limits" that reportedly inspired it. While high-ranking leaders and supporters from the right and far right have saturated public discourse and conservative press with the similar rhetoric, Ms Gavarino has received multiple threats.

Societal Feedback

Encouragingly, the public does not appear to be buying it. Research following the judgment found significant majorities supporting both the conduct of the courtroom process and his sentencing. But the drama, and the obvious try to undermine the reputation of the judicial system, was very likely merely a dress rehearsal. During winter, Marine Le Pen's court petition against a judgment for embezzlement of political funds will be heard. Should she lose it, the political candidate will be excluded from competing in the future campaign.

Long-term Effects

Within a divided and skeptical country, that will be a perilous moment for the French judiciary to manage. The former president could still be freed before his own appeal, following a request by his lawyers. Yet the unfounded and damaging assaults on the court system throughout his proceedings have set a damaging precedent.

David Mitchell
David Mitchell

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