“We need specialized prosecutors in each jurisdiction”, claimed Tuesday, January 4 on franceinfo Me Michelle Dayan, lawyer and president of the association Lawyers For Women, while five police officers are summoned in the day in disciplinary council, eight months after the assassination of Chahinez Daoud by his husband in Mérignac. They will have to explain the many dysfunctions of this affair, described by Michelle Dayan as “practical case to be shown in all police schools, magistrates and lawyers”. In particular, the victim’s complaint had been poorly communicated. For her, justice must also question itself, but “it is almost impossible to carry out an investigation to point out the responsibilities of the prosecution”.
franceinfo: Is this hearing important to learn lessons from this affair?
Michelle Dayan: Absolutely. It’s important, even if it’s a bit late, and that’s the least of it. But if this makes it possible to note and point out the multiple dysfunctions, that is a good thing. It is almost a practical case that should be given in police schools, magistrates and lawyers as well.
Police unions recognize mistakes. Justice is less transparent when it too has malfunctioned?
That’s exactly it, the prosecution has malfunctioned. The prosecution is the prosecutor, the one who represents the state and directs the investigations. It malfunctioned because there was a first complaint filed while the author was in prison, the prosecution dismissed it, I imagine for insufficiently characterized offense. This was not even transmitted to the sentence enforcement judge, who subsequently authorized a modification of the sentence and an early release of the violent perpetrator. And then, nothing happens, the prosecution does not follow. Beyond this dramatic case, there are names, there are women, mothers, destroyed families. And behind all that, there is obviously a problem of communication, of dysfunction, of taking individual responsibility which unfortunately is diluted in collective responsibility. At the prosecution, there is a certain prism through which we do not question ourselves, we take refuge behind the independence of the judiciary. It is almost impossible to conduct an investigation to pinpoint the responsibilities of the prosecution.
What measures could we take very concretely?
We could start by applying the measures that already exist. We have seen it since the Grenelle on domestic violence, civil, to the judge in family cases, in the space of six days, we can have a protection order to remove, protect and organize the lives of children in a family. where there is an abusive spouse. When we want we can.
“In criminal matters, when you push open the door of a police station, there should be a response within eight days from the prosecution, either a referral to the criminal court or a systematic judicial review.”
Michelle Dayan, lawyer and president of the Lawyers For Women associationto franceinfo
Moreover, when we decide to close without follow-up, I think that we should justify the decision to close without follow-up because if we do not motivate it, we hide behind the insufficient characterization of the offense. Finally, it is necessary to create specialized prosecution offices in all jurisdictions. This is what has been done in Spain and it is working very well.
Should we hear more from Emmanuel Macron on this subject?
We have heard little of it, except at the start of the five-year term, with the “great cause”. There was still this Grenelle of domestic violence, which allowed free speech and listening. It has moved things forward, and of course there have been measures taken and we must salute him. But in the presidential vows of December 31, I believe, we quickly spoke of gender equality, but it was quickly, between the climate transition and border control.
>> Fight against violence against women: we took stock of Emmanuel Macron on the “great cause of the five-year term”