The Bobigny (Seine-Saint-Denis) prosecutor’s office requested the referral to the assizes of three police officers for “willful violence” on Théo Luhaka, seriously injured during a police check in 2017, and who has become a symbol of police violence.
The constituent elements of the crime of rape “not met”
The prosecution, which dismissed the qualification of “aggravated rape”, requested the dismissal of one of the agents for “willful violence with a weapon by a person holding public authority having resulted in mutilation or permanent partial incapacity”, considering that “the constituent elements of the crime of rape were not met”.
The prosecution has, moreover, requested the dismissal of the other two police officers for “willful violence in a meeting by persons holding public authority”.
The facts date back to February 2, 2017. Then aged 21, Theo was arrested in the Rose des vents district in Aulnay-sous-Bois (Seine-Saint-Denis). A police officer had struck him with a baton in the rectal area. Four members of the police had been indicted. The prosecution had requested a dismissal for one of them. The trial is expected to take place in 2021.