Under the term "
double sentence
", many victims have been alerting on the networks for several weeks of their poor reception in the police station. Thursday, October 21, the Minister of the Interior Gérald Darmanin visited police stations and gendarmeries of Vaucluse, the day after the sending to the prefects of a telegram on violence against women. Maître Rachel-Flore Pardo and Maître Karen Noblinski, both lawyers at the Paris Bar, hope that reception conditions will quickly change in the police stations. After a column published in the JDD last week, they now want this right to be expressly enshrined in the Code of Criminal Procedure.
To read also Domestic violence: the collection of complaints from others, a "
good idea
" which nevertheless raises concerns
Le Figaro - The victims have been testifying for several weeks under the term "
double sentence
" of their poor reception at the police stations after sexual violence.
What are the problems according to you, as it stands, in the police stations?
Master Karen Noblinski -
Today, many complaints in police stations are not immediately received.
Except that some complaints for sexual violence must be collected without delay.
Otherwise, this poses in particular a serious problem of proof.
Master Rachel-Flore Pardo -
Indeed, if the complaint is taken too late, the evidence may disappear.
Victims should be able to be, systematically and if they wish, examined by forensic units in the wake of their attack.
And too often today, this is not the case.
We are sincerely convinced that the assistance of a lawyer can help the filing of complaints to take place in better conditions.
As lawyers, have you ever seen issues like these?
Maître Karen Noblinski -
If the hashtag "
double penalty
" alerted the public authorities, we were already aware of this reality in our practice. We have witnessed these facts by assisting clients in police stations when filing complaints. This problem is also illustrated when we are asked to leave the premises or to leave the room, on the pretext that the victim is not entitled to the presence of his lawyer. Which is of course false.
Maître Rachel-Flore Pardo -
Indeed, the lawyer is not always welcome to assist the victim when filing a complaint.
However, this right exists, but the articles of the Code of Criminal Procedure lack precision and clarity on this point.
The vagueness of the texts creates a form of arbitrariness in the police stations, some allow the victim's lawyer to enter, others not.
However, the filing of a complaint and the word of the victim are decisive for the rest of the criminal proceedings, and in particular the precision and consistency of the facts described.
What do you think of the new measures announced by Interior Minister Gérald Darmanin last Thursday?
Maître Rachel-Flore Pardo -
We welcome the telegram sent by Gérald Darmanin and Marlène Schiappa to the prefects, perhaps it will improve the conditions for filing complaints in the coming days. We also welcome the bill for confidence in the judicial institution which specifies that the victim may be accompanied by a lawyer when filing a complaint. However, a lawyer does not accompany, he assists. He must be able to fully play his advisory role, which means that he can in particular ask questions or make observations.
Maître Karen Noblinski -
This right to the assistance of a lawyer must be expressly enshrined in the texts.
Many victims will not file a complaint because they do not dare to cross the door of a police station alone, they are afraid, sometimes ashamed.
The presence of the lawyer would allow victims to have legal and psychological support.
Also, not everyone knows a lawyer.
This is why it is important for victims to have access to a court-appointed lawyer as soon as they file a complaint.
Concretely, how to make this possible?
Maître Rachel-Flore Pardo - In
order for this right to be effective, it is obvious that the question of legal aid arises, that is to say, when certain criteria are met, support by the State of attorney fees as soon as the complaint is filed.
Maître Karen Noblinski -
We also want the notification of the victim's rights to be made as soon as he enters the police station.
Today, the complainant becomes aware of his rights at the end of the hearing.
Which poses an obvious problem.
It is certain that this notification must come before.
The victim must be aware, from the start of this procedure, that he has the option, the right, to be assisted by a lawyer.
You met the Minister for Equality between Women and Men, Elisabeth Moreno yesterday, what emerged from this interview?
Maître Rachel-Flore Pardo -
The Minister is very committed to the subject, she has this desire to facilitate legal actions for victims of gender-based and sexual violence, and she is convinced of the essential role that lawyers can play alongside victims.
She expressed the wish that we move forward together on the subject, in order to propose concrete solutions to help these victims of violence.
We must continue the work started to achieve the consecration of a real right to the assistance of a lawyer as soon as the complaint is filed.
