The French State Condemned for Negligence in Yvan Colonna’s Death
On Tuesday, the Administrative Court of Marseille ruled against the French State, ordering it to pay €75,000 to the heirs of Yvan Colonna. The decision stemmed from a lawsuit filed by Colonna’s family, alleging that the prison administration had committed serious errors that led to his death.
Background: Yvan Colonna’s Murder
Yvan Colonna was a Corsican activist and politician who was serving a life sentence for the assassination of Claude Érignac, the prefect of Corsica, in 1998. On March 2, 2022, Colonna was brutally assaulted by Franck Elong Abé, a radicalized inmate, in the gymnasium of the Arles prison. Elong Abé was serving several sentences, including one for terrorist association, and was scheduled for release in December 2023.
Despite his status as a dangerous inmate, Elong Abé was left unsupervised for at least 12 minutes during the assault. Colonna sustained severe injuries and died two weeks later.
The Administrative Court’s Ruling
In its ruling, the Administrative Court highlighted several failures by the prison administration:
- Lack of supervision: The court found that Colonna and Elong Abé were left unsupervised for an "excessive" amount of time, despite their status as particularly vulnerable inmates.
- Inadequate tracking of Elong Abé’s radicalization: Elong Abé had a history of violence and was classified as a "particularly designated prisoner" due to his dangerousness. However, he was not enrolled in a program to assess and manage his radicalization risk.
- Failure to prevent the aggression: The court concluded that the administration had failed to take reasonable measures to prevent the assault, despite being aware of the risks posed by Elong Abé.
Compensation for Yvan Colonna’s Suffering
The court awarded €75,000 to Colonna’s heirs in compensation for the physical and emotional anguish he endured during the assault. The court recognized the extreme violence of the attack, which caused "intense physical suffering" and a sense of abandonment.
Reactions to the Ruling
The decision was met with mixed reactions.
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Colonna’s family expressed relief: "This is a real relief for the family to see the State’s responsibility due to the administration’s fault being established by the Administrative Court," said Patrice Spinosi, the family’s lawyer.
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State acknowledges responsibility: The French State acknowledged the gravity of the situation and expressed its condolences to Colonna’s family. The Government Spokesperson, Olivier Véran, stated that the State "takes responsibility for the dysfunctions that have been identified."
Wider Implications
The ruling could have significant implications for ongoing criminal proceedings related to Colonna’s death. Spinosi indicated that the decision "is a matter of principle that has the potential to be useful in the criminal proceedings underway."
The case highlights the importance of ensuring the safety and well-being of inmates, including those who are particularly vulnerable due to their history or status. It also raises questions about the effectiveness of France’s prison system in managing radicalized inmates and preventing violence within its prisons.
