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French officers get suspended jail terms in police brutality case

A French court on Friday gave suspended jail sentences to three officers in a rare case of police brutality coming to court, after a black man suffered irreversible rectal injuries.

This court sketch from January 9, 2024, the first day of the trial shows the three Seine-Saint-Denis police officers who appeared, L to R, Marc-Antoine Castelain, 34, Jeremie Dulin, 42, and Tony Hochart, 31, over the violent arrest in 2017 Theo Luhaka (3rd R).
This court sketch from January 9, 2024, the first day of the trial shows the three Seine-Saint-Denis police officers who appeared, L to R, Marc-Antoine Castelain, 34, Jeremie Dulin, 42, and Tony Hochart, 31, over the violent arrest in 2017 Theo Luhaka (3rd R). The officers received suspended jail terms on Friday. (Photo by Benoit PEYRUCQ / AFP) 

Theo Luhaka was left disabled after suffering severe anal injuries from a police baton, as well as wounds to his head, during a stop-and-search in the Paris suburb of Aulnay-sous-Bois in 2017.

Activists said the police officers had got away lightly however and called for firm prison terms.

The verdict was handed down in Bobigny, northeast of Paris, as concerns about police violence in France are coming to the fore following the death of a 17-year-old, who was shot by police during a traffic stop in June last year.

After more than nine hours of deliberation, Marc-Antoine Castelain, 34, who was found guilty of the truncheon blow that injured Luhaka, received a 12-month suspended prison sentence. He was also banned from carrying a weapon and working on the streets as a police officer for five years.

His colleagues Jeremie Dulin, 42, and Tony Hochart, 31, received three-month suspended terms.

They were banned from carrying a weapon and working on the streets as policemen for two years.

Prosecutors had asked for a three-year suspended jail term for Castelain and suspended sentences of six and three months for Dulin and Hochart respectively.

Castelain’s blow ripped the muscle surrounding Luhaka’s anus, leaving a wound 10 centimetres (four inches) deep.

But the court rejected the charge of “deliberate violence resulting in permanent mutilation or infirmity”.

Theo Luhaka

This file photo shows Theo Luhaka arriving to attend the first day of the trial of the three Seine-Saint-Denis police officers before the Assizes court in Bobigny, near Paris on January 9, 2024. (Photo by Thomas SAMSON / AFP)

The tense courtroom was packed with Luhaka’s supporters and plainclothes police for the sentencing. Afterwards, he was greeted with a round of applause.

Activists held up posters showing the faces of people who had died as a result of police violence.

Luhaka, now 29, has said he once dreamed of becoming a footballer but now suffered from incontinence and spent most of his time in his room watching the US detective series “Monk”.

Activist anger

He has become a symbol of the heavy-handed tactics that police are accused of using in the high-rise housing estates that ring the French capital.

Visibly moved, Luhaka did not speak after the ruling. He had said earlier he wanted to see the policemen convicted.

This was a rare case of police brutality to be tried in a court instead of at an internal disciplinary hearing.

His lawyer Antoine Vey said the guilty verdict was a “victory” but activists said the police had got away with a slap on the wrist.

“The message sent to the police is: ‘You can mutilate, kill. You’ll get a reprieve’,” said activist Amal Bentounsi.

The SOS Racisme group said that the interior ministry must follow the verdict by “engaging reforms”. It said that the attack on Luhaka was the result of a “law and order philosophy based on confrontation”.

READ ALSO: French police officer who shot teen released under supervision

‘Huge relief’ 

Castelain’s lawyer Thibault de Montbrial called the sentence “a huge relief” because “it has been established, as he has said from day one, that he is not a criminal”.

Luhaka initially accused Castelain of raping him with a baton — an accusation the officer denied, saying he had aimed his baton at Luhaka’s legs. Prosecutors said there was not enough evidence to support the rape charge.

“I felt like I was raped,” Luhaka told the court on Monday.

The IPGN police watchdog concluded before the trial began that the baton blows were inflicted at a time when “Luhaka was not attacking the physical integrity of the police officers”.

Castelain said his baton blow was “legitimate” and had been “taught at the police academy”.

The other officers kneed, punched and aimed pepper spray at Luhaka while he was handcuffed and on the ground.

The case blew up in the media after security camera footage of the incident was shared online.

In June last year, a police officer shot Nahel, a 17-year-old Frenchman of North African origin, in the Paris suburb of Nanterre.

The killing sparked more than a week of riots and posed uncomfortable questions for France about police brutality, living conditions in urban suburbs and integration in an intensely multi-cultural society.

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PARIS

Huge new River Seine stormwater facility opens ahead of Paris Olympics

It has no spire, stained glass windows or nave but the cavernous underground stormwater facility inaugurated on Thursday in the French capital ahead of the Paris Olympics has been compared to Notre-Dame Cathedral.

Huge new River Seine stormwater facility opens ahead of Paris Olympics

The giant new structure, burrowed 30 metres under the ground next to a train station, is a key part of efforts to clean up the River Seine, which is set to host swimming events during the Paris Games in July and August.

“It’s a real cathedral. It’s something exceptional,” Paris Mayor Anne Hidalgo said on Thursday as she walked on the bottom of the vast cylinder-shaped construction that has taken more than three years to complete.

Deputy Paris mayor Antoine Guillou has compared the project in western Paris, near the Austerlitz transport hub, to Notre-Dame, which is under reconstruction after a devastating fire in 2019.

“I like to say that we’re building two cathedrals,” he told reporters during a visit in mid-March.

“There’s the one above ground that everyone knows – Notre-Dame. And then there’s the one underground.”

Notre-Dame will not be ready in time for the Paris Games, as promised by President Emmanuel Macron immediately after the inferno that tore through the 850-year-old masterpiece.

But its spire has been restored and workers are busy working on the roof ahead of its grand re-opening in December.

Fortunately for Olympic open-water swimmers, the stormwater facility is set to enter service in June after tests later this month.

Its role will be to store rainwater in the event of a heavy downpour, reducing the chances of the capital’s sewerage system needing to discharge its pathogen-rich contents directly into the Seine.

Paris’ sanitation system is under immense scrutiny following pledges from Olympic organisers to use the Seine for the marathon swimming and triathlon during the Games, which begin on July 26th.

Cleaning up the river has also been promoted as one the key legacy achievements of Paris 2024, with Hidalgo intending to create three public bathing areas in its waters next year.

One of the features of the sanitation system – which dates from the mid 19th century – is that it collects sewage, domestic waste water and rain water in the same underground tunnels before directing them to treatment plants.

In the event of a major rainstorm, the system becomes overwhelmed, which leads to valves being opened that release excess water containing untreated sewage directly into the Seine.

In the 1990s, this led to around 20 million cubic metres of dirty water containing sewage being discharged every year, according to figures from the mayor’s office.

In recent years, after a multi-decade investment and modernisation programme, the figure has fallen to around 2.0 million m3.

On average, discharges occur around 12 times a year at present.

But with the new facility this number should fall to around two, city officials say.

A major storm or a succession of heavy rains could still lead to the cancellation of the Olympic swimming events.

But chief organiser Tony Estanguet stressed on Thursday that there were contingency plans in place, including being able to delay the races by several days if necessary.

“With all the measures that have been put in place and the planning, we are very confident that the competitions will take place,” he told reporters while he inspected the stormwater facility.

Three Olympic test events had to be cancelled last July and August following heavy rain.

Some swimmers, including Olympic champion Ana Marcela Cunha from Brazil, have called for a Plan B in case the Seine is too dirty.

Olympic open water swimming has frequently been plagued by pollution concerns.

At the end of the test event in 2019 ahead of the Tokyo Olympics, swimmers protested against the quality of the water in Tokyo Bay.

At the Rio Olympics in 2016, the prospect of swimming in the polluted Guanabara Bay also made headlines.

Hidalgo and President Emmanuel Macron have promised to take a dip in the Seine before the Paris Games to demonstrate it is safe – just over a century since public swimming was banned there in 1923.

Hidalgo said this would happen in June.

“We’ll give you the date. We’re going to set a time range to do it because in June you can have good weather but there can also be storms,” she said.

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