After the acquittal of the police officers charged with rape at 36 Quai des Orfevres, the General Prosecutor's Office of the Court of Cassation denied the request to file an appeal in the interests of the law. Francois Molins, Attorney General, "refused to grant this request" because it "doesn't appear that the Val-de-Marne Court of Appeal judgment was in violation of the law."
Appeal in the Interest of the Law is a specific remedy. It consists of assessing whether there is an error in law in the proceeding or in the reasoning of verdict. However, it is not sufficient to overturn the decision of the Court of Cassation. This appeal can only be filed by the Attorney General of the Court of Cassation, at his request or on his own initiative. "In such cases, the cassation can be pronounced in a pure doctrinal interests, to enlighten courts and users of law", emphasizes the highest court of the judicial system.
On April 22, Val-de-Marne Assize Court acquitted Nicolas Redouane, and Antoine Quirin of gang rape. They were charged with gang rape in the 2014 rape of a Canadian tourist at 36 quai Des Orfevres. This was the Paris headquarters of the judicial police. In 2019, they were sentenced in the first instance to seven years imprisonment.
On April 25, the complainant's attorneys and a group made a request to the public prosecution's office. They argued that the Assize Court had sought only what was possible, not just to exonerate the defendants but also to create doubts in relation the victim's testimony and this, with the aid of "biased arguments". The Assize Court was influenced by "many uncertainties," inaccuracies, or even "several lying" of the complainant. This followed the defense lawyers, who pointed fingers at her "evolutionary” statements or "lies".
This is our second acquittal!
Francois Molins, in his refusal, emphasized that even though the European Court of Human Rights requires judges to pay attention to the terms they use in their decisions, it also notes that in another case the question of the complainant’s credibility is critical and that "referring (...) on some of her behaviour during the evening could be justifiable".
"We are extremely happy, this second acquittal is for our customers!" Pascal Garbarini (the lawyer for one of the police officers) responded to AFP Pascal Garbarini's reaction. "This Court of Cassation decision is logical. This means that the Assize Court verdict, which was acquitted, and was therefore exonerated, also was rendered in full compliance with our law," he said. The civil party did not have any lawyers available immediately.
