At the specially composed assize court in Paris,
Since September 8, the Paris Assize Court has often served as a bubble. An enclosure impervious to the noise of the outside world built with one goal: to do justice. Interrupted only two weeks on the occasion of the end of the year celebrations, the sprawling trial of the attacks of November 13, 2015 has so far proceeded without major clashes. It was without counting on the Omicron variant. With the surge in the contaminations curves of Covid-19, a concern has risen on both sides of the benches of the civil parties and the defense: Will the hearing be able to continue “normally”?
The announcement at the end of December of the coronavirus contamination of the main accused, Salah Abdeslam, reinforced these fears. Symptomatic since December 23, the sole survivor of the terrorist commandos from Paris and Saint-Denis was appraised on January 3 at Fleury-Mérogis prison to find out if he was able to attend his trial. Despite a positive PCR test at the start of the week, the doctor who examined him concluded that he did not represent a health risk and that the trial could continue. A “hoax” for his lawyers, who demanded this Thursday a second opinion and a postponement of the hearing.
The fear of “cascade contamination”
The trial, like the rest of society, has not escaped debate by epidemiologists. For nearly two hours, lawyers for the accused, civil parties and the anti-terrorism prosecutor’s office scrambled over the health risks incurred with regard to the state of health of Salah Abdeslam. “We have a real difficulty because we have an expert who tells us that it would be necessary to have flexible schedules subject to a negative PCR test,” said Abdeslam’s lawyer, Me Olivia Ronen. However, the PCR test carried out at the beginning of the week was still positive. “This is why we are asking you for a second opinion and the postponement of the hearing until then. We should prevent Salah Abdeslam from contaminating his co-defendants, ”pleaded the lawyer.
Isolated for nearly 14 days, the Belgian-Moroccan is, during the hearing, installed in the glass box alongside ten other defendants and about twenty gendarmes responsible for escorting them. A situation which makes compliance with barrier gestures and government recommendations “impossible”, have judged several defense lawyers. A concern also shared by some of their colleagues, on the civil parties side. “The only clear information is that it is positive”, insisted Me Chirez, fearing “the cascading contaminations”.
A second opinion ordered by the court
This risk of “domino effect” was in everyone’s mind this Thursday. Among the legal actors in the trial, many were already at the trial of the terrorist attacks. Charlie-hebdo and the Hypercacher, which was held last year in Paris. Heard in the midst of an epidemic rebound, he had been interrupted for more than a month after the contamination of several defendants gathered in the same box. Aware of the constraints linked to a particularly busy schedule, the defense lawyers called on the president of the court not to “move forward at any cost”.
“It is more prudent to lose a few days rather than take the risk of creating a cluster in the box and paralyzing the trial for weeks”, summarized Me Edward Huylebrouck. A request finally heard by the court which ordered the holding of a second opinion.
Going against the requisitions of the national anti-terrorism prosecution, which wanted to continue the hearing, the magistrate Jean-Louis Périès announced a suspension until January 11. Two doctors, including a pulmonologist, will therefore be responsible for examining Salah Abdeslam and “giving all useful details about his contagiousness”, and this “more than 10 days after a first positive test”.