July 16, 2015 press release:
On 30 November 2004, 21-year-old Adbelkader GHEDIR was brutally arrested by the officers of the French National Railway Company (“SUGE”) at Mitry-Villeparisis station, in the presence of police officers arrived on the spot
He was violently pinned to the ground, while he was not resisting, and was hit in the head.
Abdelkader arrived at the premises of custody at Mitry Mory police station at about 20:00 and fell into a coma.
He is now irreversibly suffering from double hemiplegia, must be assisted by a third party in all acts of everyday life, and is handicapped to the tune of 95% of the serious injuries inflicted by state agents.
Following a lengthy judicial investigation of 7 years, the investigating judge issued a restraining order on 15 February 2010, upheld by the Paris Court of Appeal on 3 September 2010, and whose appeal for cassation was dismissed by the Court of Cassation on 27 September 2010. September 2011.
The French justice considered that there were not sufficient charges against anyone for having committed an offence against Abdelkader’ person, despite the contradictory statements of the state agents, the direct testimony in favour of Abelkader and two consistent assessments of the origin of the beatings and injuries.
As a result, the amount of his provisional allowance amounting to 490,000 euros (covering the costs of hospitalization, health and equipment and permanent assistance) was claimed by the Victims of Crime Guarantee Fund.
In a judgment of 16 July 2015, the Strasbourg Court condemned France for violating the prohibition of torture. It concluded that the internal investigations led to the meeting of contradictory and troubling elements, and that there was a sufficient bundle of evidence to hold that the source of the applicant’s injuries was the source of the direct lying public officials.
The Court called on the parties to reach an agreement on the encryption of the material and moral harm suffered.
Abdelkader’s lawyers, Alex Ursulet of the Paris Bar, and Grégory THUAN Dit DIEUDONNÉ (former Senior case-lawyer to the European Court of Human Rights) welcomed the Court’s decision, which recognised the direct responsibility of law enforcement in the damage inflicted and sustained.