This decision comes seven years after the death of Rémi Fraisse, at age 21, during a demonstration in the Tarn.
This Thursday, the state was ordered to pay compensation to the family of the young man killed during a charge of mobile gendarmes on the Sivens dam in 2014, the Toulouse administrative court announced in a press release.
"The administrative court recognizes the faultless responsibility of the State for the death of Rémi Fraisse following the intervention of the police, during the demonstrations on the site of the Sivens dam project, and compensates the beneficiaries of the victim for their non-pecuniary damage up to a total amount of 46,400 euros ”, writes the instance.
The family failed in criminal proceedings
On October 26, 2014, the 21-year-old botanist was killed by the explosion of an OF-F1 type offensive grenade, launched by a mobile gendarme, during violent clashes on the site of the controversial water reservoir of Sivens .
A few days after the death of Rémi Fraisse, the government suspended the use of these grenades by the police, before banning them definitively several months later.
Unsuccessful in criminal proceedings, the Fraisse family turned to administrative justice to obtain recognition of state responsibility.
“Criminal and administrative justice does not want to recognize the fault of the State and the gendarme.
Therefore, the European Court of Human Rights, which is already seized, will decide this case, ”declared Arié Alimi, the lawyer for the father of the young environmental activist.
The court retained "a liability without fault of the State and considers that there was a culpable recklessness of Rémi Fraisse, this decision is in line with the logic of the dismissal ordered by the criminal justice", regretted the 'lawyer.