- In February 2017, Theo Luhaka, now 25 years old, was seriously injured in the anal area.
- Recent expertise reveals the permanent nature of the injury.
- The question of the prevalence of disability is one of the issues at the end of education.
"Permanent infirmity. Two and a half years after the violent arrest of Theo Luhaka, badly wounded by a clubbing at the anal area, a new expertise reveals the
severity of the injuries of the young Aulnaysian. In an August 21 report, an expert in gastroenterology says the 25-year-old victim will need lifelong medical follow-up, a court source said. information from Parisian.
After examining the victim in the course of the summer, the doctor estimates his disability rate at 20%, particularly related to intestinal problems and active incontinence. Above all, the expert is formal as to the origin of the injury: Theo Luhaka did not suffer from any antecedent before its interpellation, "the sphincteric lesions are thus in certain and direct relation with [its interpellation]". "This analysis is consistent with the description of what Theo suffered, says to 20 minutes his lawyer, Antoine Vey. The theory of proportionate violence supported by the police is not compatible with permanent disability. "
Referral to Correctional Court or Assizes
Behind this medical expertise is the characterization of the offense that is at stake. In this particularly sensitive case, four police officers are indicted, including one – the one who gave the baton – for rape. But for the moment, the thesis of an intentional gesture supported by the victim could not be formally established.
In February 2018, a report by a visceral surgeon, a medical examiner and an expert from the Ministry of the Interior established that the baton had not penetrated directly into the anus but a "perianal" area, which caused the rupture sphincter and a tear of the anal canal about ten centimeters. However, an act can not be described as rape – and therefore fall within the jurisdiction of the assize court – unless there is "penetration" of any nature whatsoever and if it was committed by violence, the constraint, threat or surprise. But if at the end of the investigation, Theo was recognized a permanent disability, the case could still be tried at the assizes and this, even if the qualification of rape was finally not retained. The police would then be sentenced to 15 years' imprisonment.
The different parties can now ask for a second opinion or additional expertise, a request which, for the time being, has not been communicated to the public prosecutor of Bobigny, according to our information. Contacted, the lawyer of the police officer indicted for rape, did not wish to speak.