Thursday, November 24, 2016

Flash-Ball: suspended prison sentence required for three police officers – The Point

To the prosecutor, the use of Flash-Ball on this day was “illegal”: the ten-month to three-year suspended prison sentence was required on Thursday against three police officers to have injured six protesters with this weapon in 2009, Seine-Saint-Denis.

Three-year suspended sentence were required against the main defendant, accused of éborgné by a shot to Joachim Gatti, 41 years of age. The prosecution also asked for three years of ban on professional and five-year ban on carrying arms against it.

Against the two other officials, the public prosecutor demanded a ten-month suspended sentence and 18-month ban professional and five-year ban on carrying weapons.

The facts date back to July 8, 2009. The forces of order were taken that night in Montreuil to repel several people gathered in front of a clinic is closed down, where they were given after a “meal of support” to squatters evicted in the morning. During the intervention night, three police officers had shot each twice with their Flash-Ball gun that shoots rubber bullets. Six of the wounded were identified, four of which are civil party in the trial.

in order To justify their firing, the three officials judged since Monday by the correctional court of Bobigny, had relied on the defence of self-defence, explaining in particular have experienced a “rain of projectiles”.

But in this case, “there is neither necessity nor self-defence, and even less discernment”, to the prosecutor of the Republic Loïc Pandora. Neither the testimonies of local residents, nor the findings on the spot is not going in the direction of the version of the officials, he noted. “There has been no damage, no wounded among police officers”, he pointed. “Not even a scratch, nothing.”

- Weapon is “dangerous and inaccurate” -

on the other side, it is the “six wounded, including a mangled and three touchdowns outside of the authorized areas”, he continued. By demonstrating that the doctrine for the employment of this weapon is “dangerous and inaccurate” had not been respected, he has denounced his use of “illegal” that day.

“It is not to condemn the police institution, the society needs a police that ensures its security, but it must also ensure the fundamental freedoms of all citizens,” he said, asking the court to “condemn police officers who have not complied with the law.”

“there is no impunity for police,” said the prosecutor. Quite the contrary, “to be custodian of law and order is an aggravating circumstance”.

He said, however, is given “two mitigating circumstances” to the accused: “the reviews rave” of their hierarchy, as well as “their lack of ” history of law” and the “responsibility of the hierarchy, who has not been to the height.”

These requisitions have been judged to be “extremely severe” by the lawyer of the main defendant, Mr. Laurent-Franck Liénard, who will advocate on Friday morning. “Two worlds collide here. The justice of Bobigny, this is not the world’s policeman”, he told the press, adding that he would appeal the conviction of his client.

In its argument, the lawyer of the civil parties, Ms. Irene Terrel, said, “hope that this trial is a small glimmer of hope.” “We dedicate to all the victims of police violence,” she added, after denouncing “the lie concerted police officers”.

The association Action by christians for the abolition of torture (Acat) reported 42 wounded and one death following the use of two types of launchers-ball defense used by the police, the LBD 40 or the Flash-Ball. Twenty-three have been enucleated or who have lost the use of one eye according to the association.

24/11/2016 20:50:02 – Bobigny (AFP) – © 2016 AFP


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