Incarcerated for four years in connection with the case of the attack of July 14, 2016 in Nice, Artan Henaj and Maksim Celaj have regained their freedom… to their own surprise.
According to corroborating sources, these two men of 42 and 28 years, suspected of having played a role in the supply of weapons to the terrorist Mohamed Lahouaiej-Bouhlel, were released Monday from prison in favor of a judicial ball.
The two suspects were imprisoned respectively in Moulins-Yzeure (Allier) and Valence (Drôme).
The imbroglio originates from the notification by the anti-terrorism investigating judge of her order of indictment on November 9, an act which formalizes the dismissal of the indicted persons before the assize court specially composed for a trial .
The magistrate had decided to dismiss eight people, three for "criminal terrorist association", the other five for related common law offenses.
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Among these five suspects, only two are still imprisoned: Artan Henaj and Maksim Celaj.
These two cousins of Albanian nationality, petty traffickers, allegedly handed over weapons to a third suspect, sent back for terrorism, one of whom - a pistol - ended up in the hands of the Nice killer and was found in the truck used to claim the lives of 86 people and injured more than 500 people on the Promenade des Anglais.
Originally indicted for "criminal terrorist association", the two men will eventually be tried for "criminal association of a non-terrorist nature" and for "breaches of legislation on weapons": the investigation established that 'they did not know the destination of the pistol provided and therefore could not have known about the jihadist motives of its future owner.
As soon as he left Henaj placed in administrative detention
When drafting her order of indictment, the anti-terrorism judge nevertheless requested that Artan Henaj and Maksim Celaj be kept in detention until the trial.
Except that having dropped the terrorist charges against them in favor of criminal offenses, she should have drafted a separate ordinance.
Consequence: this is a procedural flaw and the suspects cannot have their detention extended.
The Paris public prosecutor's office noticed this error and therefore ordered the immediate release of the two suspects.
"Although it stems from a procedural error, we are obviously very happy with the release of Mr. Henaj, react My Frédéric Nasrinfar and Karim Laouafi, the lawyers of Artan Henaj.
However, we consider that this release is in accordance with the fair extent of the criminal liability of our client in this case.
We recall that he is not indicted for acts of terrorism and has just spent more than four years in pre-trial detention.
Today, he has won the right to calmly organize his defense outside the prison environment.
"
Symbol of the embarrassment caused by this situation, Artan Henaj was checked by the police upon his release from prison on Tuesday and… placed in administrative detention!
Of Albanian nationality, he does not have valid papers since his placement in pre-trial detention.
But this detention, which looks like a form of catching up by the authorities to keep it under control, should only be temporary.
Artan Henaj cannot be deported since he must appear in France at the future trial of the Nice attack.
A placement under judicial supervision to come
On the side of the lawyer of Maksim Celaj, we are also delighted with these releases.
“Mr. Celaj had no criminal record,” recalls Me Clémence Cottineau.
He had been in pre-trial detention for four years for extremely limited facts.
This boy was in dire need.
After four years, we know his client and I can only appreciate his release.
He is only implicated for related crimes unrelated to Islamist terrorism.
"
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In order to regularize their legal situation for good, the two suspects should be summoned shortly before the Paris investigative chamber to be notified of a placement under judicial supervision until trial.
Sources close to the case minimize the scope of this ball of the anti-terrorism magistrate, recalling that the two men could not have spent more than six additional months in detention anyway.
However, given the tight judicial calendar, it is unlikely that the trial for the Promenade des Anglais massacre will be held before 2022.
