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POLICE

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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CRIME

French police kill man who was ‘trying to set fire to synagogue’

French police have killed an armed man who was trying to set fire to a synagogue in the northern city of Rouen, Interior Minister Gerald Darmanin said on Friday.

French police kill man who was 'trying to set fire to synagogue'

“National police in Rouen neutralised early this morning an armed individual who clearly wanted to set fire to the city’s synagogue,” Interior Minister Gerald Darmanin wrote on X, formerly Twitter.

Police responded at 6.45 am to reports of “fire near the synagogue”, a police source said.

A source close to the case told AFP the man “was armed with a knife and an iron bar, he approached police, who fired. The individual died”.

“It is not only the Jewish community that is affected. It is the entire city of Rouen that is bruised and in shock,” Rouen Mayor Nicolas Mayer-Rossignol wrote on X.

He made clear there were no other victims other than the attacker.

Two separate investigations have been opened, one into the fire at the synagogue and another into the circumstances of the death of the individual killed by the police, Rouen prosecutors said.

Such an investigation by France’s police inspectorate general is automatic whenever an individual is killed by the police.

The man threatened a police officer with a knife and the latter used his service weapon, said the Rouen prosecutor.

The dead man was not immediately identified, a police source said.

Asked by AFP, the National Anti-Terrorism Prosecutor’s Office said that it is currently assessing whether it will take up the case.

France has the largest Jewish community of any country after Israel and the United States, as well as Europe’s largest Muslim community.

There have been tensions in France in the wake of the October 7th attack by Palestinian militant group Hamas on Israel, followed by the Israeli bombardment of the Gaza Strip.

Red hand graffiti was painted onto France’s Holocaust Memorial earlier this week, prompted anger including from President Emmanuel Macron who condemned “odious anti-Semitism”.

“Attempting to burn a synagogue is an attempt to intimidate all Jews. Once again, there is an attempt to impose a climate of terror on the Jews of our country. Combating anti-Semitism means defending the Republic,” Yonathan Arfi, the president of the Representative Council of Jewish Institutions of France (CRIF). wrote on X.

France was hit from 2015 by a spate of Islamist attacks that also hit Jewish targets. There have been isolated attacks in recent months and France’s security alert remains at its highest level.

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