SELMOUNI v. FRANCE JUDGMENT
13
41. In a judgment of 27 April 1994 the Court of Cassation decided to
remove the case from the Bobigny investigating judge and transfer it to a
judge of the Versailles tribunal de grande instance, in the interests of the
proper administration of justice. On 21 June 1994 the public prosecutor at
the Versailles tribunal de grande instance reopened the investigation, under
the reference V.94.172.0178/3, into offences of
“assault by public servants occasioning total unfitness for work for more than eight
days and sexual assault by several assailants or accomplices, against any persons
identified as a result of the investigation”.
42. On 22 June 1994 the case was allocated to Mrs Françoise CarlierPrigent, the Vice-President of the Versailles tribunal de grande instance in
overall charge of judicial investigations.
43. On 8 August 1994 the investigating judge requested that both of
Mr Selmouni’s medical files that had been placed under seal by the National
Police Inspectorate be sent to her. The sealed documents were sent to her on
12 April 1995.
44. On 19 September 1995 Mr Selmouni underwent an operation on his
left eye at Hôtel-Dieu Hospital.
45. In an order of 22 September 1995 the investigating judge appointed
an eye specialist, Dr Biard, to examine Mr Selmouni.
46. On 5 January 1996 the medical expert was granted an extension of
time in which to file his report. He filed it on 18 January 1996. In it he made
the following findings:
“1. Mr Selmouni’s eyesight has deteriorated since he was operated on in September
1995. It cannot be said with certainty that it really deteriorated between 25 November
1991 and the end of September 1995.
2. The assault of which he complains, namely the blows to the left periorbital region
of his face, could have caused eye injuries, but apart from subjective symptoms of
metamorphopsia, or even reduced vision, and of an isolated problem with the
epiretinal membrane, no mark on the eye, in particular the anterior chamber, has ever
been found, nor has any sign of haemorrhaging in the retina occurring
contemporaneously with the blows complained of and enabling a link to be established
between them. However, signs of degeneration were found in relation to a
constitutional disorder (short-sightedness in both eyes).”
47. On 6 February 1996 the medical report was served on Mr Selmouni,
who also gave evidence. He maintained his allegations against the four
police officers he had named. On 7 March 1996 evidence was also heard
from the other civil party, Mr Madi. Mr Madi named a fifth police officer,
Mr Alexis Leclercq.
48. In a letter of 2 May 1996 the investigating judge asked the Director
of the Criminal Investigation Department (“CID”) for the names and
addresses of the police officers against whom the complaints had been filed.
He replied on 23 May 1996.