The investigative chamber of the Court of Appeal of Reims on Thursday, February 18 rejected the request of Denko Sissoko's parents to open a new investigation into the conditions of the death of this young Malian migrant, found dead in 2017 at the foot of the home of Châlons-en-Champagne which hosted it.
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She confirmed the order of dismissal issued in May 2017 by the prosecutor's office of Châlons-en-Champagne which had then privileged "
the hypothesis of suicide
" and cleared the foster home of any fault.
On January 6, 2017, he was found dead under the window of his room, located on the eighth floor of the building.
The boy, who said he was 17, was in the process of evaluating his minority and the Education Without Borders Network (RESF) associated his death with his fear of being expelled from France.
In the second half of 2017, the family lodged a complaint against X for manslaughter, believing that there had been serious shortcomings in the care of the young migrant.
Deficiencies were then noted in April 2019 by the Defender of Rights Jacques Toubon.
He criticized "
the inadequacy
" of the reception system set up by the Department, judging the home "
unsuitable
" for the reception of minors, and observing that the windows "
were not secure
".
The young person was afraid of the medical examination on which there was at home "
a confusion
" with the examinations of bone age, had also estimated the Defender, for whom the information "
incomplete
" on this examination "
and on the whole of their rights
”must“
imperatively be strengthened
”.
"
I find it particularly shocking that the Court can consider that the principles decreed for the protection of unaccompanied minors cannot be applied because it was not known if Denko Sissoko was really a minor
" reacted Thursday the lawyer for the parents of the young person. male, Me Emmanuel Daoud.
“
We are being asked for impossible proof.
This denies the well-established principle of the presumption of minority
”she was indignant.
“
I will recommend that the family lodge an appeal in cassation.
But this decision is up to them
”.
The Defender had also invited the department of Marne "
to strengthen the training of its staff in charge of evaluation, in the apprehension of mental disorders and symptoms of post-traumatic stress
".
He had also recommended the abandonment of the mention "
does not tell the truth
" in the evaluation reports and reminded the Department that the aid provided for young adults "
is not conditional on the legality of their stay in the territory.
".