The “moral harassment” was recognized by the courts. The Strasbourg administrative court condemned the State in a case involving a gendarme from the Hochfelden brigade, in Bas-Rhin. This decision contradicts the conclusions of an investigation by the General Inspectorate of the National Gendarmerie (IGGN).
The soldier, in his thirties, complained of verbal and psychological violence committed by two hierarchical superiors between 2015 and 2017.
“Denigrating remarks”
In its decision, dated October 19 and revealed by France 3the administrative court reported a “real desire to sideline” the soldier on the part of those responsible, and “denigrating remarks” which “exceed the normal exercise of hierarchical power”.
The magistrates also underline the “real animosity” and “the intention to harm” which animated the two superiors of the gendarme. Conversely, the latter “has never departed from a respectful attitude towards his hierarchy”, as several of his colleagues have attested.
Given the “personal and repeated nature” of these acts, the court concluded that there was “moral harassment” and ordered the State to pay 5,000 euros to the gendarme, in compensation for moral damage.
Lawyer’s satisfaction
An administrative investigation, conducted by the IGGN following a report on the government platform “Stop Discri”, had previously concluded that “the absence of facts constituting harassment”.
The court’s decision “is very satisfactory, because it is particularly difficult to go to the end of the actions and to have cases of harassment among the military recognized”, Elodie Maumont, the gendarme’s lawyer, told AFP.
Asked, the regional and departmental groups of the gendarmerie were unable to indicate whether disciplinary measures had been taken against the hierarchical superiors in question. According to Me Maumont, no proceedings have been initiated against them.