Through Quentin Marais
Seven years after the death of Remi Fraisse, which occurred on October 26, 2014 during demonstrations against the Sivens dam project (Tarn), the state has been recognized as responsible of the death by the Administrative Court of Toulouse, this Thursday, November 25, 2021.
The court was seized because the family of the 21-year-old botanist, killed in 2014 in the Tarn by a grenade thrown by a gendarme, wanted “to recognize the responsibility of the State”. She was followed by justice.
On the basis of a specific article
As the court explained, there was first the gap in no-fault liability state based on the use of a weapon involving exceptional risks“, As well as the commitment of the fault liability of State
State liability “without fault” has been admitted on the basis of article L 211-10 of the Internal Security Code.
It provides that the State is civilly responsible for damages resulting from crimes and misdemeanors committed, by open force or by violence, by armed or unarmed assemblies or gatherings, either against people or against them. (…) ”.
The court compensated moral damage in the amount of 14,400 euros for each of the two parents of the victim, 9,600 euros for his sister, and 4,000 euros for each of his two grandmothers.
A grenade thrown by a gendarme
It was on October 26, 2014 that Rémi Fraisse, then aged 21, lost his life. Violent clashes had taken place on the site of the Sivens water reservoir, in the Tarn.
The young botanist was killed in the explosion of an OF-F1 grenade offensive, launched by a gendarme.
The latter had seen the dismissal in his favor be confirmed by the Court of Cassation on March 23, 2021, after the Toulouse Court of Appeal cleared him on January 9, 2020.
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