the videos of his violent arrest broadcast on the second day of the trial

Three police officers have been appearing since Tuesday 9 and until Friday 19 January before the Seine-Saint-Denis assizes in Bobigny, including the author of the baton attack prosecuted for “intentional violence resulting in permanent disability”.

On the second day of the so-called Théo affair trial, before the Seine-Saint-Denis assizes in Bobigny, Wednesday January 10, the court examined the facts in detail. The opportunity to watch in particular the videos of the scene where Théo, a young man of 22 years old at the time of the events, was seriously injured in the anus by a baton blow, during an arrest by police officers in February 2017 in Aulnay-sous-Bois. Three police officers are accused, including the perpetrator of the baton attack prosecuted for “intentional violence resulting in permanent disability”. He faces 15 years in prison.

The Assize Court views the extract from the video surveillance of the town of Aulnay-sous-Bois, this evening of February 2, 2017 on the so-called “Cap” slab, known to the police as a place of trafficking drug. We see Théo trying to intervene while four officials want to carry out an identity check on a group of young people. Then Théo finds himself against a low wall, where three uniformed police officers immobilize him. He struggles and is hit with a baton from behind which makes him fall. Was it this blow that caused the irreparable damage to his rectum? Or another blow which would then have been given to him in another area where he was taken a few meters away, an area not filmed and where he remained for 2 and a half minutes before being taken into the police vehicle? Nothing seems obvious at this stage of the trial.

The IGPN defends the “good faith” of the police officer responsible for the baton attack

At the helm, an investigating commissioner from the IGPN, the police force, soberly comments on the video and describes the actions of the officials as “regulatory”, according to him. The court looks at the photo of the seat cover of the police car largely stained with Théo’s blood. It was only once the young man arrived at the police station that a policewoman at reception became concerned about his significant bleeding from his crotch. However, the IGPN commissioner speaks of “remarkable responsiveness” teams, explains that the police officer who carried the baton seemed to “sincerity” in hearing, when he found “incomprehensible, implausible, improbable” that one of his blows could have produced such an injury.

Théo’s lawyer, Antoine Vey, tells him: “But Sir, you have not considered for a moment that this could not be good faith but denial, or even consultation? Why did one of the three police officers delete the photo from his phone humiliating image that he had taken of my client, bleeding, on the ground at the police station? Why did the author of the baton attack start by saying that it was the victim who had slipped alone on this telescopic baton? Why didn’t these police officers immediately call for help? Don’t these questions bother you? You don’t dwell on it.”, denounces Antoine Vey. A way, for the lawyer, to point out the lack of impartiality of the IGPN investigator. The latter stammers: “I wasn’t there” or “you will ask those interested”, “I don’t know”. The commissioner is not having a very good time.

Later one of his colleagues from the IGPN, in turn questioned by the court, most often contented himself with monosyllables to respond to Thibault de Montbrial, lawyer for the main police officer implicated, facilitating the demonstration to establish that his client had had a proportionate and legitimate response to the resistance of young Théo, and even that“he opted for one of the lightest answers among all the possibilities he had”. This again annoyed Théo Luhaka’s council. “We clearly understood that these are police officers supporting police officers”. Thibault de Montbrial replies a little later: “This trial shouldn’t even have happened, we will win it”. These were the first outbursts of this trial.

Théo troubled by viewing these videos and photos from the file

Like the three accused police officers, Théo Luhaka follows all this with great attention. He does not miss a minute of the hearing, he whose voice we have not yet heard since the start of the trial on Tuesday. Théo, who we see during each suspension limping out of the room, is very surrounded by his loved ones, as well as other people. The president of SOS Racisme Dominique Sopo is seated a few meters behind him.

Théo, discreet, impassive, closed face, seemed troubled when the court looked at the photos of his clothes on the day of the arrest: a blue football t-shirt stained with blood, black jogging pants but above all the photo of his underwear that day. These are underwear in the colors of the American flag, with stripes and stars, but the underwear is mostly heavily stained with blood, with a hole of a few centimeters in the middle. The image caused a shudder in the room. It is easy to imagine the importance of the hemorrhage and the intensity of the pain associated with it.

From his bench, Théo looks at this image on the screen then places his hands in front of his face. We can guess that this is a tough time for him. The privacy of the targeted area obviously makes the descriptions of the injury delicate for everyone in this trial. Théo knows, from this point of view, Friday January 12 will be difficult. Several expert gastroenterologists, proctologists and surgeons will come and detail their medical reports on his wounds and his after-effects, all in front of this packed courtroom. It will then only be Monday that he will be heard about his version and his experience of the facts. The verdict is expected on January 19.