The Toulouse administrative court recognized “no fault of liability” of the state.
The state was sentenced, Thursday, November 25, to compensate the family of Rémi Fraisse, a protester killed during a charge of mobile gendarmes, on the site of the Sivens dam project, in the Tarn in 2014, the court announced. Toulouse administrative. The tribunal “recognizes the liability without fault of the State for the death of Rémi Fraisse as a result of the intervention of the police (…) and compensates the beneficiaries of the victim for their moral damage up to the level of a total amount of 46,400 euros “.
On October 26, 2014, the 21-year-old botanist was killed by the explosion of an OF-F1 type offensive grenade, launched by a mobile gendarme, during violent clashes on the site of the disputed water reservoir of Sivens . A few days after the death of Rémi Fraisse, the government suspended the use of these grenades by the police, before banning them definitively several months later.
Unsuccessful in criminal proceedings, the Fraisse family turned to administrative justice to obtain recognition of state responsibility. “Criminal and administrative justice does not want to recognize the fault of the State and the gendarme. Therefore, the European Court of Human Rights, which is already seized, will decide this case”, told AFP Arié Alimi, the lawyer for the father of the environmental activist. The court retained “a liability without fault of the State and considers that there was a ‘faulty recklessness’ of Rémi Fraisse, this decision is in line with the logic of the dismissal ordered by the criminal justice”, regretted the lawyer.