Email: salomone.marc@neuf.fr
blog: madic50.blogspot.com / Book: The Two Forms, ed. Amazon
Paris, Sunday December 13, 2020
CONTRIBUTION (51) TO THE NATIONAL DEBATE DESIRED BY THE PRESIDENT OF THE REPUBLIC IN 2020.
THE LUHAKA AFFAIR AND THE CHOICE OF CHAOS. THE COURSE OF ASSISES AND THE BOULEVARD DES FACTIEUX (FACTIOUS).
(Continuation of reflection n ° 50 of July 21, 2020 and previous ones. Cf.: madic50.blogspot.com)
1. Preamble
The multiplication of conflicts between police officers and people in matters of maintenance of order disturbs the population, destabilizes the police and strengthens subversive movements in their diversity.
Case after case, the inability of the law in force to account for these events appears to be the first institutional factor leading the public authorities to lose control of these conflicts.
I examine this development here through the announcement made to the public of the referral to the Assize Court of four police officers involved in the Théodore Luhaka affair, known as the “Theo” affair.
2) - A fact
On February 2, 2017, during a legal police action for identity control in which he intervened on his own initiative, Théodore Luhaka, 22 years old at the time, was seriously injured by the penetration of a baton in an area "Perineal", which caused the rupture of the sphincter and a tear of the anal canal over ten centimeters. These “sphincter lesions” lead to permanent disability. He is now disabled for life.
3) - Referral to the Assizes
On November 26, 2020, the investigating judge in charge of the investigation issued the order referring to the assizes:
a- The main accused for willful violence resulting in mutilation or permanent disability.
b- The three officials for willful violence with aggravating circumstances.
c- The judge dropped the charges for rape, as recommended by the prosecution, which estimated in its indictment issued in October 2020 that "the elements constituting the crime of rape were not met" ".
d- A dismissal was also ordered concerning a fourth policeman who had witnessed the scene.
3) - The certainties
It has been established
by the Defender of Rights that the sole purpose of the violence was
to "control" an citizen who refused to be handcuffed.
The report of a tripartite commission concluded in the professional conformity of the use of the baton by the police officer.
It was established by the complainant, on March 3, 2017, before the investigating judge, that "My pants were not properly fastened, they were falling. They were pulling down anyway, but I don't think it was on purpose. They were trying to control me ”.
It is established by the investigating judge that the police cannot be blamed for wanting to sodomize the complainant.
It is therefore established that the “disproportionate acts” or even “unjustified” which, according to the Defender of Rights (DdD), accompany police intervention are not the voluntary causes of “sphincter lesions”.
Unnecessary beatings do not constitute criminal action.
4) - The legality of the intervention
This makes it possible to qualify the legality of the intervention.
These officials are not thugs.
Their action is therefore not tainted with illegality. It is a legal action.
It is the resistance of Mr. Luhaka to the legal intervention of the police officers which leads to the violence which is done to him and not the will of the police officers to arrest him to impose violence on him.
The fact that Mr. Luhaka suffered a permanent disability during his resistance to this intervention does not invalidate the legality of this intervention.
5) - The excessive consequence
However, in a report filed on August 21, 2019, an expert in gastroenterology is categorical as to the origin of the injury.
Théo Luhaka had no history before his arrest, "the sphincter lesions are therefore definitely and directly related to (this)"
6) - Obsolescence of the procedure
This is where the obsolescence of the law becomes a source of chaos.
It is obvious that there is a wrong done to the citizen.
One should not leave an
identity check, however conflicting it may be, with a permanent
handicap.
The citizen has the right to compensation.
The only remedy provided is through criminal proceedings. Financial redress is subject to it.
Therefore, once the decision has been taken to redress the wrong caused to Mr. Luhaka by state agents, the only possible way is to find as many police officers as guilty as possible, as seriously as possible.
The main remedy is the spectacle of condemnation. Financial reparation is subordinate to it. It is limited to the capacities, generally weak, of the condemned.
The repetition of convictions of state agents for their legal action leads to the formation of a separatist public political line, of jurisprudence for the benefit of the factions.
7) - The boulevard des factieux
This decision is political. It is based on an assessment of the public balance of power between the parties involved.
In short, it is the gateway to the legal process through which all factious groups are now rushing.
“Theo” -type procedures are multiplying.
The consequences are mechanically a diffusion of the politics of chaos. I will not dwell here on these logics of the penetration of the state by the Mafiosi.
I have previously developed them and they are already making political, media and legal news.
8) - The recomposed procedure
It is possible to build another way which guarantees the independence of the judiciary, the authority of the State and the reparation due to the citizens thus injured.
We just need to move certain current provisions within the legal texts.
It is necessary :
1- Consider that:
a- The recognized wrong is the excessive consequence of legal intervention.
b- It is the act of a legal body which bears the responsibility for repairs.
2- Distinguish the criminal procedure from the compensation procedure.
3- Put in parallel these two procedures of equal judicial dignity.
Compensatory reparations must not be injurious to the plaintiffs or spoilers of the Public Treasury.
Proposals have been made on this subject. It's possible.
9) - The democratic order
Magistrates no longer have to judge according to the moral position of the complainant in the procedure. They can stick to a judicial study of the facts.
1- The complainants
The plaintiffs see the judicial recognition of the wrongs done to them.
They have full reparation without having to register in scenarios foreign to their persons.
2- The political support of the complainants:
a- They then left the legal process.
b- They can no longer claim the immaculate image of the martyr whose representation they assume.
c- They must present themselves for what they are, namely political groups and not charities or humanist activists.
3- The public debate
Those involved in the public debate can no longer be affected by the pain of the victims. They must make their political analyzes public. They must speak out on the strategies, tactics and issues of policing.
4- State agents
The representatives of the State, in this case the police, are referred to the exercise of their profession and its controls.
It becomes possible for police officers to think professionally about the exercise of their right and their duty of initiative.
10) – Chaos
The institutional paradox generated by the obsolescence of the procedure is:
- On the one hand:
a- To lead to the conviction of the police officers to repair the excessive consequences of a legal intervention.
b- So to strengthen the certainties of impunity of subversive and mafia networks
2- On the other hand:
a- To lead the French to a duty of acquittal if they are sworn in this Court of Assizes, to guarantee the exercise of public order and the primacy of the law.
b- Consequently:
ba- To refuse reparation to a person entitled to request it.
bc- To maintain the ideological cauldron of resentment from which the factions draw their refrains.
11) – Conclusion
I made proposals for the Luhaka affair to be an opportunity to get out of the obsolescence of the current procedure. Ditto for other similar cases, such as the Traoré case.
It is apparently preferred to develop the dead ends of the current procedure.
This is what I call the choice of Chaos.
For my part, I stand for democracy. It would allow state agents to work.
Marc SALOMONE
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