A serious attack
The victim’s family believes that the four agents present on the platform at the time of the tragedy should also be prosecuted for failure to render aid. It is based in particular on a report from Border Forensics, a research and investigation agency based in Geneva, which chronologically reconstructed the facts from the moment Nzoy fell to the ground, hit by the third shot. According to Martin Herrmann, surgeon and member of the independent commission, “the police did not carry out first aid measures on time”.
In a press release, the Public Prosecutor’s Office indicates that it “examined and partly exploited” this document as part of the investigation, as did the hearings, the videos, the autopsy and the technical reports. However, the prosecution considers that, “given the circumstances, the police officer found himself confronted with a serious attack and had neither the time nor other reasonably required means to ward off this knife attack other than by engaging his weapon. on fire”. He adds that the agent acted in accordance with taught professional practice and the principle of self-defense.
Possibility of appeal
As for the part on the care provided to the deceased, the autopsy report notes that the injuries caused by the third shot were “necessarily fatal in the very short term”, thus explaining the reasons for the death. For these reasons, the Public Prosecutor considers that the omission to render assistance has not occurred. For the commander of the PRM, Clément Leu, this decision is seen “as a relief for the employees concerned”. “It is also confirmation that the use of the weapon was carried out within a legal framework, which is essential for the police. On the other hand, it remains a tragic event with a person who died at the end. It is important to put this procedure into perspective even if I am relieved for the agents who have been living with a sword of Damocles over their heads for more than three years.
Contacted by TimeMe Ludovic Tirelli, lawyer for the family of the deceased, confirms to us that an appeal will be filed within the legal period of ten days. “There are several errors in this decision, starting with the fact that it is not up to the Public Prosecutor’s Office to close a case which involves the death of a man and the notion of self-defense. Nzoy’s case must be taken to court. For the rest, these are technical details that I reserve the right to present as part of the appeal procedure. The lawyer adds that the family takes the blow differently. “Some are not surprised, because they had the feeling that it would be difficult to obtain more, but others retained within themselves a legitimate hope.”
A few months ago, Nzoy’s sister had affirmed, in a New York media outlet, that her family was ready to take the matter to the European Court of Human Rights: “I think the judges will say that the police officer acted in self-defense, and therefore that he will be freed from all charges. Of course we cannot accept this. We will then move on to the next step, and so on. It will take us ten years.”
