Question juridique clé
Whether the complainants’ right to be heard was violated by the investigating judge’s failure to hear them personally and to take further evidence
Solution extraite
No. The complainants had been able to present their case in writing, and the requested additional testimony concerned facts that were not relevant to the remaining issue.
Motifs extraits
Article 29(2) Constitution guarantees participation in evidence, but not an oral hearing. The investigating judge had to hear the notary and review the correspondence, which he did. The complainants had already been fully heard in writing, and the requested witness was not pertinent to deciding whether the settlement had been concluded in their interests.