The investigating judge has ended Durov's pretrial detention and will bring him to justice, according to the Paris prosecutor's office.
Russian-born Telegram boss Pavel Durov has been sent to see a French investigative judge who must decide whether to subject him to formal investigation following his arrest as part of a probe into organised crime at the social network and messaging app.
Durov's arrest after landing in Paris on a private jet on Saturday has highlighted the criminal liability of app providers and fueled debate over where free speech ends and law enforcement begins.
“An investigating judge has ended Pavel Durov's pretrial detention and will bring him before the court for a first appearance and possible prosecution,” the Paris prosecutor's office said in a statement on Wednesday.
In France, being subjected to formal investigation does not necessarily imply guilt or lead to a trial, but it indicates that judges consider there are sufficient elements to proceed with the investigation. Investigations can last for years before being sent to trial or shelved.
The judge's decision is expected at 8:00 p.m. (18:00 GMT), 96 hours after Durov was arrested, the maximum period he can be held before a decision is made.
If Durov, who is a French citizen, is placed under formal investigation, judges will also decide whether to remand him in custody. One of the factors they will take into account is whether he might try to flee.
The overall investigation at this stage is directed against unidentified individuals. It focuses on alleged complicity in crimes including running an online platform that enables illicit transactions, possessing images of child sexual abuse, drug trafficking, fraud, refusing to pass information to authorities and providing crypto services to criminals, prosecutors said.
The prosecution did not specify what crime or crimes Durov himself might be suspected of.
Durov's French lawyer did not respond to repeated requests for comment from the Reuters news agency.
In a statement on Monday, Telegram said it complied with European Union laws and that its moderation was “within industry standards and constantly improving.”
“Telegram CEO Pavel Durov has nothing to hide and frequently travels around Europe,” the company said. “It is absurd to claim that a platform or its owner is responsible for the abuse of that platform.”
In addition to Russia and France, Durov is also a citizen of the United Arab Emirates and the Caribbean island nation of Saint Kitts and Nevis.
The UAE foreign ministry said on Tuesday it was “closely monitoring the case” and had asked France to provide Durov “with all necessary consular services on an urgent basis.”
Kremlin spokesman Dmitry Peskov said he hoped Durov “will be given all necessary opportunities for his legal defense,” adding that Moscow is “ready to provide all necessary assistance and support” to the Telegram CEO as a Russian citizen.
“But the situation is complicated by the fact that he is also a citizen of France,” Peskov said.
Faced with accusations from Russia and X owner Elon Musk that France is stifling free speech with Durov's arrest, President Emmanuel Macron on Monday took the unusual step of posting what he called “false information” on X.
Macron said Monday that Durov’s arrest was not a political decision but part of an independent investigation. Macron wrote that his country “is deeply committed” to freedom of expression, but that “freedoms are defended within a legal framework, both on social media and in real life, to protect citizens and respect their fundamental rights.”
