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21 January 2016

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By judgment dated 21 January 2016, the Court of Appeal of Chambéry accepted the claim for provisional compensations by heirs of a journalist killed in the line of duty in a war zone.

The Guarantee Fund for Victims of Terrorism and Other Offences objected that firstly, there was insufficient evidence of the existence of a criminal offence and, secondly, the events entering a political context make Article 706-3 of the Criminal Procedure Code inapplicable.

The Court of Appeal of Chambéry rejected the arguments of the Guarantee Fund and accepted those of the claimants, considering that “Article 706-3 of the Criminal Procedure Code does not require proof of a criminal offence but only its material elements” and that “the fact that a shooter hit in combat a journalist who was not involved, can not be characterized as a political offence”.

The claimants obtained a provision of 25,000 and 12,000 Euro respectively on account of their compensation for moral damage.

They were represented by Mr. François Géry.

admin21 January 2016