Rémi Fraisse, a 21-year-old environmental activist, lost his life on the night of October
25-26, 2014, during clashes surrounding the construction site of the Sivens dam in the
Tarn region. He was killed by the explosion of an offensive grenade thrown by a gendarme
during a law enforcement operation.
After more than ten years of legal battles, the European Court of Human Rights (ECHR)
delivered a ruling on Thursday, February 27, 2025, overturning the initial decision made by
the French justice system in this case.
In January 2018, the French judiciary ruled a dismissal of the case, concluding that the
gendarme who threw the grenade had not committed a criminal offense, as his actions
followed the rules for the use of force under French law. This decision sparked significant
controversy and led to several legal appeals, including to the ECHR.
However, the administrative court had condemned the French state to compensate Rémi
Fraisse’s family without acknowledging any fault in the management of the law
enforcement operation.
In its ruling, the ECHR judged that France had violated Article 2 of the European
Convention on Human Rights, concerning the right to life. The Court highlighted “failures
in the supervision, preparation, and conduct of the disputed operations.”
As a result, France was ordered to pay compensation ranging from €5,600 to €16,000 to
Rémi Fraisse’s relatives, along with legal costs, to compensate for the moral damage
suffered.
This historic decision marks an explicit recognition of the state’s serious shortcomings in
law enforcement management. According to Claire Dujardin, lawyer for several members
of Rémi Fraisse’s family, this ruling is the first in France concerning the use of weapons in
a law enforcement operation.
The ECHR particularly highlighted the dangers of OF-F1 offensive grenades and the
absence of an effective control system over their use, qualifying this negligence as a
serious fault of the state.
The Rémi Fraisse case is part of a series of notable instances of police violence in France,
including the case of Zineb Redouane, who died in Marseille in 2018 after being struck by
a tear gas grenade, and that of Cédric Chouviat, who died in 2020 following a violent
police intervention during a traffic stop. These cases have reignited debate about law
enforcement practices in France and the state’s responsibilities in regulating the use of
force.
This ruling also illustrates the importance of law as a militant tool. The perseverance of
Rémi Fraisse’s relatives and their lawyers demonstrates that legal actions can lead to a
recognition of the state’s faults and offer hope for the victims of police violence. As
explained in my research paper titled “Les dynamiques de l’outil juridique dans les
combats militants pour la lutte contre les violences policières » in joint PDF version this
use of law helps to expose responsibilities and achieve progress in justice and the
protection of fundamental rights.
Sources :
https://www.leclubdesjuristes.com/justice/mort-de-remi-fraisse-la-france-condamnee-par-la
cedh-9624/?
https://www.france24.com/fr/france/20250228-mort-r%C3%A9mi-fraisse-cedh-condamnation
france-apr%C3%A8s-dix-ans-bataille-judiciaire-sivens-justice-gendarmerie-grenade?
https://fr.wikipedia.org/wiki/Mort_de_R%C3%A9mi_Fraisse?
https://www.politis.fr/articles/2025/02/justice-luttes-mort-de-remi-fraisse-la-cedh-condamne-la
france/
https://www.lemonde.fr/societe/article/2025/02/27/mort-de-remi-fraisse-la-condamnation-de-la
france-par-la-cedh-va-a-contre-courant-des-conclusions-de-la-justice_6567620_3224.html