The murderer of the sexagenarian, defenestrated, will not be judged



The model of postcards sent to Emmanuel Macron demanding justice for Sarah Halimi – Israelite Consistory of Haut-Rhin

  • Sarah Halimi, a Jewish sexagenarian, was defenestrated by her neighbor in April 2017 under the helpless eye of her neighbors.
  • In December 2019, the decision of the Paris Court of Appeal to declare him “criminally irresponsible” had sparked a heated debate.
  • His relatives had then appealed to cassation.

The Court of Cassation ruled on Wednesday: Kobili Traoré will not be tried for the murder of his neighbor, Sarah Halimi, a sexagenarian of Jewish faith, on the night of April 3 to 4, 2017. What does it matter that dozens of witnesses? ‘saw the victim beaten up and then defenestrated her to cries of “Allah Akbar”. What does his confession matter? “I felt like I was possessed. As if oppressed by an external force, a demonic force ”, he confided to the examining magistrate a few months later. In their judgment, the Wise Men confirmed the dismissal for criminal irresponsibility pronounced in December 2019 in this highly sensitive case: that evening, the murderer’s judgment was abolished and he therefore cannot answer criminally for his action.

“Acute delusional puff”

No less than seven psychiatric experts have looked into this case and all are unanimous: during the murder of Sarah Halimi, the suspect suffered from an “acute delusional puff”. They also agree that the cannabis he consumed heavily – about 15 joints a day for nearly 15 years – at least accentuated this disorder. But during the investigation, the psychiatrists objected to the consequences of such consumption. For Daniel Zagury, the first to have met Kobili Traoré, his “voluntary and regular” consumption of cannabis makes him partially responsible for his act. Two other colleges of experts, on the other hand, considered that he could ignore the hallucinogenic effects of this drug and spoke in favor of criminal irresponsibility. It is on the basis of these expertises that the magistrates of the Court of Appeal had concluded in the penal irresponsibility, to the chagrin of the family of the victim who had appealed in cassation.

“We had placed a lot of expectation with the magistrates who are said to be” Wise “,” lamented during a press conference organized in the afternoon, one of the lawyers of the family, Me Muriel Ouaknine -Melki, who was concerned about the message sent to the Jewish community, despite acknowledging the anti-Semitic nature of the murder. “Does French justice protect all French citizens in the same way? She asked, predicting an upsurge in departures for Israel in the months to come. “How do you expect us to tell Sarah Halimi’s family that Kobili Traoré voluntarily gave death but that at the same time, he was unaware of what he was doing?” », Continues Me Oudy Bloch, who defends the victim’s brother with her, and announces his intention to appeal to the European Court of Human Rights.

A decision in accordance with the law

At this stage of the article, a short course of law is required: the Court of Cassation, the highest court of French law, does not examine the substance of the case, it does not examine either the facts or the evidence, it rules only on the law. In short: the decision of the magistrates to consider that the discernment of Kobili Traoré was abolished at the time of the passage to the act, in particular because he consumed in large quantities of cannabis, is it a fair application of French law? Yes, the Sages estimated. “Nothing in the file indicates that the consumption of cannabis by the person concerned was carried out with the awareness that this use of narcotics could lead to such an event”, specifies the judgment which recalls that the penal code does not make a distinction on the origin of the disturbance which led to the abolition of discernment. “Today, we can smoke, snort, prick ourselves in high doses to the point of causing a delusional puff without worrying about the consequences,” lamented Me Oudy Bloch who hoped for an evolution of jurisprudence.

Today, Kobili Traoré is subject to full compulsory hospitalization in a psychiatric environment and security measures for 20 years. To get out of it, two psychiatrists outside the establishment where he is accommodated must establish that the thirty-something is no longer dangerous for him or for others. Insufficient, according to relatives of the victim: the murderer not suffering from any proven psychiatric illness, he could be released in the months or years to come. “In France, we do not judge the mad, but we do not intern the sane either,” recalls Me Nicolas Benouaiche, who defends a nephew of the victim.



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