PARIS – The fate of Nicolas Sarkozy, the 70-year-old former French president, hangs in the balance today as a Paris Appeals Court convenes to decide whether he should be released from prison.
Sarkozy, who led France from 2007 to 2012, has been incarcerated since October 21, shattering precedent as the first former head of state from an EU nation to be jailed.
A large crowd of supporters saw Sarkozy off to jail (JULIEN DE ROSA)
He is appealing an explosive conviction for seeking illegal campaign funding from the regime of late Libyan dictator Moamer Kadhafi. The high-stakes hearing began at 8:30 GMT, with Sarkozy himself appearing via video call from prison. A decision is expected later today.
If the court approves his request, the former president could be released immediately, though he may be placed under judicial control, such as house arrest with an electronic ankle tag.
The Appeal That Resets the Clock
Sarkozy was found guilty by a lower court on September 25 and sentenced to five years behind bars. The court ordered his immediate imprisonment, even if he appealed, citing the "exceptional gravity" of the conviction.
However, his lawyers immediately launched an appeal, a move that, under French law, re-establishes his presumption of innocence until the appeal trial is concluded.
Today's hearing is not about his guilt or innocence. Instead, the appeals court must now evaluate whether his pre-trial detention is legally necessary. Under French law, he can only be kept in custody for specific reasons: to prevent him from fleeing, tampering with witnesses, reoffending, or to ensure his own protection. His lawyers argue none of these conditions apply.
A Controversial Incarceration
The former president, married to singer and model Carla Bruni, has spent more than two weeks in solitary confinement at Paris's La Santé prison.
His detention has been fraught with controversy. In a highly unusual arrangement, two of his personal bodyguards are occupying a neighboring cell to ensure his safety. This move sparked outrage from prison wardens, who called it an "insult to their profession." However, Interior Minister Laurent Nunez defended the decision, citing Sarkozy's "status" and "the threats against him."
The case has also ignited a political firestorm. Justice Minister Gerald Darmanin paid a visit to Sarkozy in prison late last month, a move that drew a sharp public rebuke from France's top prosecutor, Remy Heitz. Heitz warned the visit risked "undermining the independence of magistrates" just weeks before this crucial appeal.
A Leader Jailed, A Base Rallied
Sarkozy is the first French leader to be incarcerated since Philippe Petain, the Nazi collaborationist head of state who was jailed after World War II.
Despite his downfall, Sarkozy maintains a devoted following. On the day he entered jail, a large crowd gathered outside his home, singing the national anthem and urging him to "come back quick."
His official social media account remains active, posting a video last week showing "piles of letters, postcards and packages" sent by supporters, including chocolate bars and books.
"No letter will go unanswered," his account announced. "The end of the story has not yet been written."
A Flurry of Legal Woes
This "Libyan case" is just one of several legal battles Sarkozy has faced since leaving office in 2012. He has already been convicted in two other cases:
Graft: A conviction for seeking to secure favors from a judge. He served this sentence under house arrest with an electronic tag, which was removed in May.
Illegal Campaign Financing: A separate conviction related to his 2012 re-election bid, which France's top court is due to rule on later this month.
In the Libyan case, prosecutors said his aides struck a "pact" with the Kadhafi regime in 2005. In return for illegal funding, Sarkozy's team allegedly promised to help restore Kadhafi's international image, which was shattered after Tripoli's role in the 1988 Lockerbie bombing.
The court convicted Sarkozy of criminal conspiracy over the plan, though it notably did not conclude that he had definitively received or used the funds for his campaign.