Eighty-six dead, including 15 minors, 318 injured, thousands of shocked people… On the evening of July 14, 2016, Mohamed Lahouaiej Bouhlel, a 31-year-old Tunisian, rushed onto the Promenade des Anglais, in Nice, driving a a rental vehicle, deliberately crushing and hitting the pedestrians who came to watch the fireworks. The truck ends up stopping near the Palais de la Méditerranée. The driver then fired several times at the police before being neutralized. If the terrorist, who died, cannot be judged, seven men and a woman, suspected of having helped him to prepare his gesture, will appear before the specially constituted Assize Court, in Paris, from September 5 to December 16, 2022 .
Of the eight people tried, only three will be for “criminal terrorist association”. In their order of indictment, the four anti-terrorism judges considered that the main defendants, Mohamed Ghraieb, Chokri Chafroud and Ramzi Arefa, could only have been “aware of the existence of a plan” to attack the from Mohamed Lahouaiej-Bouhlel.
On the other hand, the magistrates could not demonstrate that these two Tunisians and this Franco-Tunisian had had “precise knowledge of the terrorist project” of Lahouaiej-Bouhlel, or of the “time of its realization” planned. For this reason, they have dropped the most serious qualification, namely “complicity in assassinations in connection with a terrorist enterprise”.
Another attack planned?
What exactly are they accused of? The investigation was able to establish that, from May 2016, Mohamed Lahouaiej-Bouhlel sought to obtain weapons, in particular from these three men whom he contacted a lot before his act, even on the day facts. One of them, Chokri Chafroud, had admitted having agreed to look for a weapon for the terrorist, about six weeks before the attack, because he owed money to him. He had even assured that he had contacted a seller, who had not been able to accede to his request. Later, he returned to these confessions, stating that he had only pretended to agree to engage in this research. According to him, he would not, in fact, have taken any steps. “This abrupt change of version does not appear in any way credible”, underline the anti-terrorism judges.
For his part, Ramzi Arefa admitted having been the intermediary with an arms supplier and having himself given an automatic pistol on July 12, 2016 to Mohamed Lahouaiej-Bouhlel, against the sum of 1,400 euros. It is precisely this weapon that was used on the evening of the events. On the other hand, the judges affirm that the terrorist had “associated” the three defendants with the rental of a truck, “by keeping them informed of his steps”. Mohamed Ghraieb and Chokri Chafroud boarded the vehicle while Ramzi Arefa posed next to the truck for a photo on July 12.
Finally, disturbing messages found suggest that the three men were preparing, with Mohamed Lahouaiej-Bouhle, “future violent action with five weapons”, underline the judges in their indictment order signed in November 2020.
Albanian arms dealers
Five other people, a Tunisian and four Albanians, are returned to the assizes alongside them, but for offenses related to the supply of a weapon to Ramzi Arefa and intended for Lahouaiej-Bouhlel. However, the judges noted that “no element [ne] demonstrates their knowledge, even imprecise, of the terrorist project” of Lahouaiej-Bouhlel. They will therefore be tried for “common law offenses of criminal association and the legislation on weapons”.
To put it simply, the investigation showed that Ramzi Arefa, presented as being the terrorist’s cocaine and cannabis dealer, had bought the weapon from Artan Henaj, an Albanian who had been introduced to him by another accused, Brahim Tritrou. Artan Henaj had then procured this automatic pistol from a compatriot, Adriatik Elezi. Four defendants are currently detained, two others are under judicial control while two others are at large and are the subject of arrest warrants.
Profiles of offenders out of step with the terrorist nature of the attack and who may not answer the legitimate questions of the 865 civil parties, many of whom lost a loved one in the attack claimed – no doubt opportunely – by Daesh. “There may be a risk” that some of them will be acquitted, abounds Me Eric Morain, the lawyer for Fenvac, an association of victims, stressing that the qualification of “terrorist criminal association” has become, with time, “more and more elastic”.
The civil parties, who will be able to follow the trial from the broadcast room installed in Nice, will be invited to speak at the bar from September 15.