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Lyhanna case: Darmanin refers the matter to the CSM against a...

Lyhanna case: Darmanin refers the matter to the CSM against a deputy prosecutor in Auch

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Key facts

  • The referral to the High Council of the Judiciary is based on a report by the Inspectorate General of Justice. The report lists several failings:…
  • The Minister of Justice, Gérald Darmanin, is referring a deputy prosecutor at the Auch public prosecutor's office to the High Council of the…
  • This complaint was filed nearly a year before the middle-school student's disappearance last May, in the case known as"Rosa".

The referral to the High Council of the Judiciary is based on a report by the Inspectorate General of Justice. The report lists several failings: the"Rosa"file was mistakenly sent to another investigative unit; no regular meetings were held with the competent investigators; no deadline was set.

The Minister of Justice, Gérald Darmanin, is referring a deputy prosecutor at the Auch public prosecutor's office to the High Council of the Judiciary. This step follows the administrative inquiry by the Inspectorate General of Justice.

This complaint was filed nearly a year before the middle-school student's disappearance last May, in the case known as"Rosa".

Lyhanna, an 11-year-old middle-school student, was found dead in June in the Gers.

Dig deeper

Who is Gérald Darmanin?

As Keeper of the Seals, he heads the Ministry of Justice and may refer a matter to the High Council of the Judiciary if he considers that a magistrate has failed in his or her duties.

What is the High Council of the Judiciary?

An institution that safeguards the independence of the judiciary and handles the discipline of magistrates; for those of the public prosecutor’s office, such as a deputy prosecutor, it issues an opinion, with the sanction falling to the Keeper of the Seals.

What is the General Inspectorate of Justice?

A department of the Ministry of Justice responsible for overseeing the functioning of the courts; its administrative inquiry and its report form the basis of the referral in this case.

What does the “Rosa” case refer to?

The name given to a complaint filed nearly a year before Lyhanna’s disappearance, in May, and whose handling by the Auch public prosecutor’s office is being called into question.

Why do Auch and the Gers matter in this case?

The deputy prosecutor concerned serves at the Auch public prosecutor’s office, the prefecture of the Gers, the department where Lyhanna, an 11-year-old middle-school student, was found dead in June.

What happens after a referral to the Council?

The Council examines the facts noted by the inspectorate; it does not try the Lyhanna case itself, but the professional conduct of the magistrate.

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