Almost four years after the fact, the Adama Traoré affair has rebounded in recent weeks following the death in the United States of George Floyd. Last Friday, the examining magistrates in charge of the file thus ordered new investigations, with in particular a new medical expertise entrusted to four Belgian doctors.
The war of experts, fueled by accusations of bias, is at the heart of this file. The committee "The truth for Adama" also immediately called, once again, to challenge the judges, deploring in a statement doctors "neither experts nor specialists", and multiplying the grievances with regard to previous expert reports.
This controversy highlights these experts, whose place in the justice system is poorly understood. Who are they ? How do they gain this status? Who are they monitored by? What do they bring to the investigations? Overview.
What is a forensic expert?
"The judge may appoint any person of his choice to enlighten him by making observations, by consulting or by expert opinion on a question of fact which requires the enlightenment of a technician. This formula of article 232 of the Code of Civil Procedure (which opens the chapter devoted to expert measurements) clearly defines what justice demands of an expert: to enlighten him in his decision.
In this context, there are lists of experts drawn up for "informing judges", explains the Ministry of Justice on its website. But "the latter can, if necessary, always appoint any other person of their choice, in criminal as well as civil", specifies the Chancellery (article 157 of the code of criminal procedure). This is the case in the Traoré case.
For example, the list of the Paris Court of Appeal includes around 1,800 names, all specialties combined. "It is not a profession, expertise, it is a qualified technician in a discipline whose qualification is eloquent enough to be retained as an expert", explains to Parisian Annie Verrier, President of the National Council of Companies of Experts of justice (CNCEJ).
How do you become an expert?
The path to becoming a legal expert is a priori extremely marked. “A registration request file must be filed with the prosecution of the Court of Appeal. Prior to registration, each application is examined by magistrates, the Companies of judicial experts having given an advisory opinion ”specifies on its website the Union of Companies of Experts at the Paris Court of Appeal.
The selection is drastic if we are to believe UCecap, since less than 3% of the candidates have been registered on the list of the Court of Appeal in recent years.
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The expert is entered on a list drawn up at the Court in the "jurisdiction" from which he exercises his main professional activity. After at least five years of registration on a (local) court of appeal list, he may request his registration on the national list drawn up by the office of the Court of Cassation.
The legal expert is sworn. For a legal person, the oath is taken by its representative, designated for this purpose.
Who controls them?
Control of the experts is exercised, as the case may be, either by the general prosecutor of the court of appeal, or by the first president and the general prosecutor near the Court of Cassation. A rule of ethics has existed since 1978 according to UCECAP, when one joins a company member of the National Council of Companies of Experts of Justice (CNCEJ). But the latter is not an "order" and therefore has no disciplinary function.
"At the re-enrollment commission, every five years, the magistrates and members of the commission are very attentive to the" morality "of the experts," recalls, however, Annie Verrier, psychologist who practices with the Court of Appeal of Amiens . "We also pay attention to fines or even tax concerns, a conviction instantly questions the possibility of being on the list," says the president of the CNCEJ.
Is there a problem of "expertise" in France?
The validity of expert opinions is often questioned by the defense, as in the Traoré case. Generally, the intervention of the expert is suspected of favoring the "official" version to the detriment of that of the "defense".
For the profession, however, it is "the exception that proves the rule". “In criminal cases, requests for a second opinion are quite rare in reality. It is often in the context of highly publicized business where there are important issues. I have been an expert since 1989, I have only had two cross-assessments in my career, ”says Annie Verrier again.
In the Traore case, the choice of Belgian doctors - authorized by law n ° 71-498 of June 29, 1971 relating to forensic experts - would thus be less the consequence of failings by French experts than of a desire to "disorient" l expertise to bring the tension down on a burning case.
A particular area of expertise, psychiatric expertise, has recently been called into question by associations helping women victims of sexual violence. “Expertise in“ credibility ”, which is very often steeped in stereotypes, is no longer possible in the justice system of the 21st century. I really doubt the competence of some experts. I asked for an appointment with Éric Dupond-Moretti in this sense, ”says Parisian Sandrine Rousseau, ex-deputy national secretary of the Europe Écologie Les Verts party. She also launched an investigation and a call for witnesses to assess the state of psychiatric expertise in the context of rape complaints.
A new thorny file on the desk of the new Keeper of the Seals.
[Call for Testimonials] as part of a complaint for #Viol you had to have a psychiatric expertise. This expertise went wrong, the final report contained inappropriate remarks, mentioned for example your level of intelligence, contact me in DM. Thanks for the #rt.
- Rousseau Sandrine (@sandrousseau) July 5, 2020
