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Geneva: simon brandt fails condemn:
ThoseFederal court
Simon Brandt fails to condemn a police officer – Geneva: simon brandt fails condemn
Judging the disproportionate excavation. However, the federal judges believe that the agent did not want to harm the elected official from Geneva in 2019.
This judgment of the Federal Court confirms the classification of the complaint of Simon Brandt.
Odile Meylan
- The Federal Court confirms the classification of Simon Brandt’s complaint against a police officer.
- The full body excavation of the Municipal Councilor PLR is deemed disproportionate.
- The agent did geneva: simon brandt fails condemn not show any desire to harm during the arrest.
- The Geneva politician will have to pay 3000 francs in legal expense.
The former first Geneva prosecutor Stéphane Grodecki had good reasons to classify the procedure aimed at the police officer who had arrested. Moreover, excavated Simon Brandt. Meanwhile, In a 26 -page judgment rendered this month. Therefore, the Federal Court (TF) validates this classification and dismissed the Geneva politician who filed a complaint against the agent, in particular for abuse of authority, learned the “Genève Tribune”. However,
Expenses
The judges of my rest. Therefore, who pay him 3000 francs in legal expense, consider that there is no need to question, or even to condemn the civil servant, then chief sergeant of the crimes against people: “The allegations of Simon Brandt as to the will geneva: simon brandt fails condemn to harm the police are corroborated by any convincing objective and cannot be sufficient to demonstrate that of authority, a conviction would be more likely than a acquittal, “concludes the TF.
Simon Brandt, at the time PLR municipal councilor, was arrested in December 2019. Meanwhile, He was suspected of having taken advantage of his position as collaborator of the Cantonal Police Strategic Analysis to consult the institution’s hand hand. when there was no access. He was then completely bleached about this accusation.
Simon Brandt had denounced the methods used by the police during his arrest and his hearing. Menotté. exposed, excavated, he complained to have been treated as a criminal, which had deeply affected him and had led, according to him, to his failure in the election of the executive of the city of Geneva.
One million claimed
Simon Brandt had also claimed more than a million francs for moral wrongs and economic damage. Justice had largely dismissed its requests. In 2021, the elected official had only obtained 651 francs as economic damage and 2,000 francs of moral wrong.
Despite this setback. the man remains convinced that he was the victim of a conspiracy within the police and that the latter showed animosity against him. So when in 2022. the criminal chamber of appeal (CPR) confirmed the classification of his complaint, the politician decides to rely on federal judges. Today, the latter draw it by validating the reasoning of the CPR.
The TF. which meticulously analyzed the acts of the policeman, first notes, like the Geneva justice, that the excavation was disproportionate, “a palpation over the geneva: simon brandt fails condemn clothes would have been enough (…) There was no reasonably need to consider that indices of the detailed offense could be in the orifices of the Appellant’s body. The fact that he had to undress and lean forward to show the cavities of his body appears manifestly disproportionate from this angle as well. ”
Systematic excavation
However. according to federal judges, the chief sergeant, represented by Me Daniel Kinzer, proceeded to this excavation respecting the police directive of the time. All the witnesses interviewed confirmed that the excavation had to be carried out and that it was done then systematically. And above all. in substance concludes the TF, on the occasion of this arrest and hearing, there was no desire to harm the defendant.
Recall that Simon Brandt. defended by lawyer Marc Lironi, had been geneva: simon brandt fails condemn sentenced by pecuniary sentence to another component which concerns the disclosure of a confidential report on the costs of civil servants of the City of Geneva. He had opposed before being acquitted by the police court in 2021
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