On August 27th 2005, Mr. Douet was driving home at night. His car was stopped by military police officers. 2 military police officers beat him up and arrested him. During his police custody, he was examined by a doctor (art.63-3 of the code of penal procedure) who found him “unfit for police custody“, due to his multiple wounds. Informed of the medical certificate, the prosecutor of the tribunal of Clermont-Ferrand ordered his release from police custody but didn’t open any investigation.
On September 5th 2005, Mr Douet pressed criminal charges for “aggravated assault” by filing a complain to the prosecutor. The prosecutor decided to close the investigation without charging any military police officers. On November 22th 2005, he pressed charges again by filing a complain to an investigative judge. On December 12th 2007, the investigative judge charged 2 military police officers.
On July 3rd 2008, the 2 military police officers were acquitted by the tribunal of Clermont-Ferrand. The prosecutor didn’t appeal the acquittal. On April 1st 2009, the appeal court of Riom rejected the civil claim for damages of Mr. Douet On July 8th 2009, the supreme court refused to hear his appeal.
On March 10th 2010, Mr. Douet filed an application to the ECHR on the ground that his beat up by military police officers was a violation of article 3 of the Convention. He added that the fact that he couldn’t appeal the acquittal of the 2 military police officers (art.497 of the code of penal procedure) was a violation of article 13. On September 29th 2011, the application was communicated to the agent of the French Republic with questions to be answered within 16 weeks. The applicant is represented by Me Jean-François Canis (Clermont-Ferrand) who didn’t answer our email for comments.