Death of Rémi Fraisse: the administrative court of Toulouse recognizes the responsibility of the State but “without fault”
The administrative court recognizes “the faultless responsibility of the State” for the death of Rémi Fraisse in October 2014 in Sivens (Tarn), following the intervention of the police.
The Toulouse administrative court recognizes “the faultless responsibility of the State” for the death of Rémi Fraisse following the intervention of the police, on the occasion of the demonstrations on the site of the dam project. Sivens in October 2014.
Rémi Fraisse’s family will thus be compensated for their moral prejudice up to a total amount of 46,400 euros.
The parents, sister and grandmothers of Rémi Fraisse had seized the administrative court of Toulouse in order to see recognized the responsibility of the State in the death of the young man intervened during an operation of maintenance of order in the opportunity for demonstrations on the site of the Sivens dam project.
The court first ruled out the strict liability of the State based on the use of a weapon involving exceptional risks, “insofar as Rémi Fraisse could not be considered as a third party to the police operations which led to his tragic death “.
On the other hand, the court admitted the strict liability of the State on the basis of Article L? 211-10 of the Internal Security Code. This article provides that the State “is civilly liable for damages and 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 property. “
The court accepted “a culpable recklessness committed by the victim” likely to partially exonerate the State of its responsibility to the tune of 20%.