The case was somewhat special due to its uniqueness: the State was condemned for not preventing a young person from leaving to fight in Syria.
Furthermore, the request was not a symbolic or moral condemnation but involved damages of 110,000 euros… one wonders on what basis this amount was calculated!
Stopped at Nice Airport with his identity card by the air and border police, the teenager, a “minor, left French territory for Turkey, which is notoriously known as the gateway to Syria, without the police being concerned,” lamented Me Samia Maktouf, the mother’s lawyer.
Where does the State’s responsibility lie?
The public rapporteur, who had asked on June 9 to reject the request, pointed out that the minor “was not subject to an exit ban from the country” and was not listed in the file of wanted persons.
Moreover, we are dealing with suppositions because nothing has been known about him since his disappearance.
In its judgment, the court considered that the police services that checked the young man at Nice Airport, before he boarded for Turkey, “did not commit any wrongdoing that would engage the State’s responsibility.”
The case is closed and cannot be used as legal precedent.
A relief for public finances because, otherwise, one can well imagine how many sorrows and distresses would have found… pecuniary consolation!
