The French Minister of Interior Gérald Darmanin issued, on June 29, a suspension order against police officer, Florian M., under investigation for "voluntary manslaughter" after he shot and killed Nahel Mezrouk, triggering the riots across France. Significantly, the issued order meant the officer would continue to get paid. 

French newspaper Liberation argued that the administrative decision, which was possibly well-meaning, was actually devoid of its supposed disciplinary nature.

The decree issued by Darmanin was, in fact, beneficial for the suspended officer, as he had not found himself in "Absence from Service."

According to Libération, the administrative decision, dated June 29, allowed the officer to continue to receive a paycheck, regardless of his indictment and placement in provisional detention.

The decree underscored that "Mr. Florian M. [...] is suspended from his duties with full pay from the date of notification of this order," adding that "the pecuniary effect of this decision is fixed as from the notification of the present order to the person concerned."

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In France, a suspension is typically aimed at removing the implicated agent from the service to ensure its smooth running. It is not disciplinary but rather precautionary. What the minister did, argued Liberation, was issue a suspension decree while the officer was indicted and placed in pre-trial detention on the same day by a decision of the Nanterre investigating judges.

His detention prevents him from working, and he must be in "Absence from Service" and should therefore no longer receive his salary. The suspension decree, however, allows him to continue to receive his pay as he is considered to be on authorized absence from work.

A Beauvau official summarizes everything by saying "The suspension here is useless from a statutory point of view; it comes into play as a financial support measure."

Paris puts youth accused of misconduct during protests on hasty trials

In parallel, France has begun a judicial crackdown on individuals arrested during the nationwide protests and launched speedy trials for thousands of youths that took the streets following the killing of Nahel Merzouk.

"Very clearly, I want a firm hand,” French Justice Minister Eric Dupond-Moretti told judges in a message aired on France Inter radio on June 5.

Official figures suggest that 3400- 4000 people have been arrested so far, including around 1,200 minors - some even as young as 12. Most of the arrested individuals have no previous criminal record, the justice ministry said.

#France's police are facing criticism once again after the brother of Adama #Traoré, a Black Frenchman who died while in police custody in 2016, was hospitalized following his arrest during protests held in memory of his late brother. pic.twitter.com/IBWhViejQn

— Al Mayadeen English (@MayadeenEnglish) July 10, 2023

Special sessions were held in the area where Merzouk was killed, while other courts across the country launched hasty trials and have been working around the clock to prosecute suspects.

The recent police killing of the youth has reignited deep-seated resentment towards police brutality among various French minority communities. It has also sparked a renewed and contentious discussion about the issue of racial profiling by French law enforcement.

In 2016, France's Supreme Court of Appeals made a ruling acknowledging that certain identity checks conducted by the police were discriminatory, solely driven by the "actual or perceived origin" of the young individuals who were subjected to these stops.

The Court's verdict classified this behavior as "serious misconduct" on the part of the government, which compelled them to implement certain reforms. These changes included the implementation of body cameras for select officers.

However, it has not called into question the general practice of identity checks.

In 2021, several human rights organizations in France initiated a class-action lawsuit against the government, demanding various reforms, including a more defined legal foundation for identity stops. The commencement of the case is expected to begin shortly.

During the UN Human Rights Council’s Universal Periodic Review (UPR) on Monday, the French government was accused of committing acts of aggression against migrants, engaging in racial profiling, and displaying religious intolerance.

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