On May 22nd 2008 at 2:15pm, Mr. Joseph Guerdner was arrested when he came to report to the military police station of Brignoles. Later in the afternoon, the suspect was transferred to a military police station of Draguignan. At 10:50pm, he was found dead in a park near the military police station of Draguignan.
Military police officer Monchal claimed that he shot 4 to 6 times in the direction of the the suspect while he was running away from the station and climbing in a tree in a park. According to this officer, the suspect handcuffed and wearing a handcuff to one of his foot, jumped from a window of the station before running to the park. The window was 4.6 meters above the ground.
An investigation was opened by the military police. On December 1st 2009, the investigation chamber of the appeal court of Aix-en-Provence charged Mr. Monchal with “involuntary manslaughter” against the legal opinion of the prosecutor Guémas based on article L2338-3 of the code of military defense.
On September 16th 2010, the prosecutor Guémas told the jury that Mr. Monchal “couldn’t be condemned“. On September 17th 2010, the accused was acquitted. Prosecutor Guémas didn’t appeal the judgment.
On n/a, the family of Mr. Joseph Guerdner filed an application to the ECHR arguing that the investigation on the death of Mr. Guerdner was not effective, and that prosecutor Guémas didn’t attempt to secure a conviction of Mr. Monchal in violation with article 2 and 6 of the Convention. They added that the execution of Mr. Guerdner was unlawful in violation of article 2 of the Convention. On December 14th 2011, the application was communicated to the agent of the French Republic with questions to be answered within 16 weeks. The applicants are represented by Me Regine Ciccolini (Aix en Provence).