France's top prosecutor acknowledges 'collective failure' in Lyhanna murder, calls for urgent reform of child protection
Nine days after the discovery of 11-year-old Lyhanna's body in southern France, the country's most senior prosecutor says the case exposes a systemic crisis in child protection and a collective failure of the justice system.
Acknowledging collective failure
Nine days after the body of 11-year-old Lyhanna was found in the Gers department of south-west France, the country's most senior prosecutor, Rémy Heitz, gave an interview to Le Monde in which he described the case as "a collective failure." He said that all magistrates and the judicial institution are aware of this failure. The main suspect, Jérôme Barella, had been the subject of multiple reports and complaints for sexual violence against minors but was never prosecuted.
All magistrates, and the judicial institution as a whole, are conscious that there is a failure in this case, a collective failure.
A systemic crisis beyond judiciary resources
Heitz stressed that the problem goes deeper than the recurrent issue of means in the justice system. While additional magistrates and clerks have been recruited, he argued, the failure points to a systemic crisis. He called for a more holistic approach, noting that the entire child protection sector is in difficulty. The shortage of psychologists and specialized pediatric units to handle children's testimony is one concrete example.
The crisis around the means of the justice system is not new. Of course, additional means have been granted with the recruitment of magistrates and additional clerks. But what this failure reveals is a systemic crisis, which moreover goes beyond the question of means of the judicial institution alone.
Piling up priorities with no subtraction
The prosecutor general also weighed in on the justice policy set by the Keeper of the Seals, Gérald Darmanin. He pointed out that recent circulars have addressed narco-trafficking and violence against persons, not only against minors. His colleagues, he said, feel that priorities keep being added without any ever being removed. Heitz urged for a clarification and for officials to dare to say what is less of a priority, which he noted is rarely done.
My colleagues have the feeling that priorities are added without any ever being subtracted. (...) Let us move towards a clarification and do not hesitate to say what is less of a priority, which we rarely do.
Criticism and confidence in the justice system
A wave of indignation has swept France, with demonstrations outside courts. Heitz acknowledged that criticism is legitimate given the emotion, but he warned that some political figures pretend to discover a situation known to all, making their reproaches feel unjustified. He also saw in the protests a demand from citizens for a better justice service, including more resources. To rebuild trust, he proposed opening courts to the public, inviting people to see how the judicial system works. At the same time, he cautioned against attacks that weaken the justice system, which he called the keystone of the democratic system, fragile and in need of protection.
It is legitimate that there can be criticism given the emotion caused by this tragedy, which hurts us all. (...) Where these criticisms can be perceived as unjustified is when they come from officials who pretend to discover a situation known to everyone.
What I heard from this mobilization is that, ultimately, our fellow citizens are also demanding an improvement in the justice service. They also require more means.
