The scenario is extremely violent for the establishment. And the phrases chosen leave no room for ambiguity. Offered this Monday morning to the Prime Minister Sébastien Lecornuthe primary pre-report of the interministerial mission carried out after the death of Lyhanna attracts up the exact chronology of a succession of failures. In line with the conclusions of the doc, the affair of little Rosa, who accuses Jérôme Barella of getting repeatedly raped in August 2025 contained all of the indicators of an avoidable disaster.
A deadly transmission failure
Nonetheless, it began with rigorous work by the Plaisance-du-Contact brigade and the Toulouse public prosecutor’s workplace. The head of the IGGN (General Inspectorate of the Gendarmerie), Jean-Michel Gentilwas eager to welcome the “tailored remedy, diligent and qualitative of the complaint » in addition to the “high quality of the preliminary investigation”. However the two providers not being territorially competent as a result of suspect’s residence in Gers, the file needed to be transferred to Auch. It was at this exact second that the primary failures appeared.
On the Place Vendôme aspect, we level out an incomprehensible error of evaluation on the time of the divestment. “In Toulouse, what’s paradoxical is that they do the job effectively initially, whether or not on the degree of the gendarmerie or the general public prosecutor’s workplace,” the Chancellery is advised. However what’s inexplicable at this stage is that they take into account this to be a precedence file however they ship no sign on the time of transmission to the Auch public prosecutor’s workplace. »
In line with the top of the IGJ (Normal Inspectorate of Justice), Stéphane Noël, the Toulouse public prosecutor’s workplace didn’t report back to the Auch public prosecutor’s workplace, by phone or e mail, the prison nature and the urgency of the process. The defendant’s background was additionally not taken under consideration on the time of the switch, and no assist commensurate with the hurt was supplied to the younger sufferer.
“Malfunctions on all ranges” in Auch
As soon as the file was transmitted to the Gers, the investigation into rape of a minor noticed no additional main progress. “Within the judicial jurisdiction of the Gers division, the prison process was handled as an peculiar process, or on the very least, was not handled as a precedence process, each on the a part of the Auch public prosecutor’s workplace and the Condom gendarmerie firm,” accuses Stéphane Noël. On the aspect of the entourage of Gerald Darmaninthe commentary is obvious: “In Auch, there are dysfunctions on all ranges. »
The journey of the file upon its arrival on the Auch courtroom vividly illustrates these failures. Assigned with a significant delay in processing paper proceduresthe prison workplace solely registered Rosa’s grievance very late, solely as a result of the victim’s mother ended up calling herself to beg to be taken care of. Regardless of this warning sign, the blockage persevered. “The delicate nature of the process was not relayed,” the preliminary report states. The alert remained blocked at reception, depriving magistrates of speedy consciousness.
The investigation then remained at a standstill. “The Auch public prosecutor’s workplace served as a mailbox, transmitted the process to the gendarmes who in any other case did nothing about it, which can also be problematic, regrets the Ministry of Justice. Nobody ever frightened about what occurred to this process. They deal with on common 4 circumstances of sexual violence in opposition to minors per thirty days. They may observe up on the file. »
Despatched to the improper gendarmerie service, the file obtained slowed down on the Lectoure brigade, the place the Auch deputy and the investigation director labored in whole autonomy, with none management from their direct hierarchies.
Particular person failure versus lack of means
For the ministry, focusing accountability on the bottom makes it doable to firmly reject the argument of lack of assets, with figures to again it up. “In Auch, there are the required variety of magistrates and clerks,” assures these round Gérald Darmanin. We created a further place of prosecutor, they elevated from three to 4 whereas on the similar time the prison exercise of the jurisdiction fell by 2%. Within the report, there may be nothing to point out that with extra assets issues would have occurred in another way. The underside line is that they handled this as simply one other problem. Why did not they deal with it as a precedence when there have been alerts? »
Our file on the Lyhanna affair
An evaluation that’s tempered by the union counter-view. “After we learn the report, we are saying to ourselves that certainly, the file was not dealt with with the specified diligence given its seriousness, however we additionally see that there’s a systemic drawback,” underlines the president of the Union of Magistrates (USM), Ludovic Friat. “Relating to the Auch public prosecutor’s workplace, even with 4 of them, they’re far below what they should be to have extra time to course of information, and to have the appropriate reflexes {and professional} gestures, he insists. We’d like clerks, magistrates, attachés to learn the information in an affordable time. After we all the time do that in a rush, we expose ourselves to creating errors. »
Disciplinary penalties?
The remainder of this problem will now play out within the political and regulatory area. The Minister of Justice will clarify this Monday night, on the 8 p.m. information, what motion he intends to take to this progress report. If the Minister of Justice has already warned that no fault would go unpunishedthe process must respect a sure authorized formalism earlier than contemplating referring the Auch substitute to the Superior Council of the Judiciary (CSM). “We can not base disciplinary proceedings on an operational inspection report,” we clarify to the Chancellery. We’d like administrative investigations to find out what disciplinary fault they are often accused of. »
On the similar time, the operational inspection continues. The joint mission will ship a brand new pre-report on July 10, earlier than submitting the ultimate conclusions anticipated on September 5. Now your entire gendarmerie-justice chain is beneath excessive pressure all summer season.
