New Expertise Finds Discernment of Suspect "Abolished"
by Barbara Lefebvre
A new psychiatric assessment concluded last week the abolition - not the alteration - of the discernment of Kobili Traore, who acknowledged the murder of Sarah Halimi. He could escape a lawsuit.
The same is true of the media coverage of criminal cases as of other societal topics: it will enable future generations to reveal the sensibilities of our time, its reluctance to open debates that we prefer to cover with the modesty of our political correctness. It sheds light on the relationship a society has with the crime of its day, the way it explores the facts and seeks to elucidate this space of human darkness. From the Middle Ages, public opinion was mobilized by power through criminal stories to lead to greater respect for the social order. But it was the development of the popular press in the nineteenth century and mass media in the second half of the twentieth century that mobilized both collective and individual emotions. The revolution of social networks announces the worst as the best.
Crimes speak of our times
When certain criminal cases fill the whole media field, it is either that the mystery persists as to the author of the facts, or that the latter is such a deviant with regard to humanity, by his perversity, his barbarous violence, that it exerts a fascination-repulsion which contributes to reinforce our collective and individual feeling of belonging to a humanity carrying sense and moral unity. It is different from other criminal cases that public authorities and media authorities are reluctant to expose to public opinion for reasons as varied as political agendas or maintaining the denial of a new form of crime that we do not can still neither name nor treat. When a mobilization takes place to break this silence, to inform the public, the resistances continue, the dullnesses remain.
The barbaric assassination of Sarah Halimi by his neighbor Kobili Traore is one of those things that had to be avoided to submit to the popular judgment when one did not hesitate to use the liters of ink and the air time to decipher the perverse personality of a Nordahl Lelandais or to chat to know who was the raven in the Grégory affair.
When Sarah Halimi woke up in the middle of the night, this April 3, 2017, by this neighbor she knew, she feared like other inhabitants of the building of the street Vaucouleurs, in this part of the Parisian district of Belleville "lost territory of the Republic", a- Did she understand that she would not see the sun rising again, neither her children nor her family? After having beaten her to death, alternating with punches, insults and Koranic invocations, he defended her under the helpless police officers and traumatized neighbors, even though many continue to do "as if nothing had happened". Then, after his crime, Traore returned to the neighbors' apartment, where he had arrived to finish his prayers; the police waited behind the door, believing they had to deal with a terrorist, she was waiting for reinforcements ... In any case, for the time being, the version of the police involved. These 25 minutes without intervening, to wait in front of the door of the family Diarra where Traoré is installed to pray, are still not explained by the judicial procedure in progress, the civil parties having received no information on the progress of the internal police investigation. In the same way, the Diarra family who took civil action for kidnapping (the father worried by the intrusion of the high-flying Traoré locked himself up in a room with his family), remains silent and no request for an act has been made by his lawyers so far.
Silence, we vote!
At the beginning of April 2017, the electoral campaign was in full swing, everyone knew that it would be played between Emmanuel Macron and those that the media then present as the "extremists" (Jean-Luc Mélenchon and Marine Le Pen) to end 'advance with an election become validation procedure of the' new world 'icon. The assassination of Sarah Halimi is passed over in silence so as not to disturb the coronation. When he makes the news of a newspaper, it is a banal fact that "moves the Jewish community." Yes she is "emotional" the "Jewish community" and everyone knows that emotion is bad counselor. We must listen to men of reason. Some community notables are reasonable. Most politicians are very reasonable. "Sleep good people, aggression and crimes that have been targeting your Jewish fellow citizens for almost twenty years do not concern you". Those who say that these crimes committed by men claiming Islam reveal the rise of a more radical radical violence, that this anti-Semitism exceeds the fate of the Jewish French. These are firemen-pyromaniacs, crypto-fascists who think only to "stigmatize" Muslims. They sometimes even deserve to appear before the judges. Let's worry more about the reissue of Celine's antisemitic pamphlets. Bagatelle for a massacre ? Probable bedside book by Youssouf Fofana, Mohamed Merah, Ahmedy Koulibaly and Kobili Traore, to name but a few ...
In a France divided into communities (ethnic, religious, sexual) with the help of the shareholding policy of a handful of community notables accomplices of public authorities who have been unable for more than thirty years to enforce the common law of our "Republic laic one and indivisible ", there are no more French, there are only members of communities. "Sleep good people ..."
The atrocious death of Sarah Halimi was not to disturb the election campaign. Informing the public could encourage him to "stigmatize", "amalgamate". The lepers' party was in danger of gaining an electoral advantage. We mobilized: to silence the contemporary anti-Semitism of the Halimi affair, to exploit the fascist anti-Semitism of yesterday. Especially since some community leaders had long had a preference; it was necessary to see to it that nothing disturbed the march towards the power of their candidate. We were silent. The journalist, Noémie Halioua, led the investigation alone whose echo remained for a long time "community". Only after the election did the general press start relaying the case. One will never stop to wonder about the sluggishness that surrounded the assassination of Sarah Halimi and the over-mediaization of the assassination of Mireille Knoll less than a year later. The political context, again and again. The instrumentalization of popular emotion for the purpose of political recovery, again and again.
"Dirty Jew," is it an insult?
A long judicial process was announced in the Halimi case. The suspect, Kobili Traoré, arrested calmly had become unmanageable once arrived at the police station, he was immediately transferred to a psychiatric hospital: no police custody, no interrogation. Kobili Traore murdered Sarah Halimi. He does not deny the facts, no dispute of his lawyers. It is the motivations of the crime which constitute the bottom of the judicial debate: for the judge in charge of the file it seems, from the beginning, that the anti-Jewish dimension of the crime is neither a priority track nor an obviousness. Kobili Traoré knew Sarah Halimi, he knew she was Jewish, it does not of course make him an anti-Semite, but illuminates the choice of the target. By entering her home from the neighbors' apartment, he knew who she was. He did not attack the Diarra who opened the door. After his prayers and preparations, he stepped over the balcony to enter Sarah Halimi's home. When he came back to the Diarra after stepping over the balcony again, he did not try to attack them, he finished his prayers. The police heard the invocations from the landing.
Traoré has a locker as long as his arm, no psychiatric history, he is a violent delinquent who trades narcotics while attending the mosque of the rue Jean-Pierre Timbaud not known as emblematic of this "Islam of peace and love" who - it is said - reigns in the majority of the mosques of France ... Traoré's sister treated Sarah Halimi's daughter as a "dirty Jew" while spitting in her way, these are cultural customs and customs that are forbidden to judge. It has been learned since the trial of Georges Bensoussan, from the mouth of the "sociologist" Nacira Guenif, that "a kind of Jew" and other insults in Arabic of the same kind, including the Jewish word, are in no way racist but simple habits of language without consequence, a cultural universe in itself that should not be decontextualized nor essentialized. Why worry indeed, apparently the anti-Jewish obsession has nothing to do with Islam "religion of peace and love" ... "Sleep good people."
Traore is better, thanks for him
From all of this, it follows fairly quickly in the course of the proceedings that Traoré is one of those "unbalanced" enemmas that seem to populate our modern criminal world. Already Adel Amastaibou, the assassin of Sebastien Selam in 2003 had escaped a criminal conviction for his crime, he is now free of his movements. He had told the police who described him as "sensible and willful": "I'm glad he died that fucker, that bastard, that fucking Jew, dirty Jew." A psychiatric report, already from Dr. Zagury, declared his discernment abolished by a delusional pathology "fed by an anti-Semitic theme". The antisemitism of atmosphere ... Indeed, here is one of the elements of the climate of many districts, many cultural groups recently installed in our country. This environmental anti-Semitism apparently leads to some particularly barbaric criminal acts. The "sheitan" hunt suffers no leniency when the delirium takes them. Amastaibou would have ended up recovering his spirits. Our psychiatrists work miracles, real "breakers" ...
Since 2003, the Penal Code has incorporated the aggravating circumstance of racism and anti-Semitism into the commission of a crime. The excuse of "anti-Semitism ambience" might not be enough for Traore. But, given the rebound in the judicial process that took place on July 11, it may be that he will join his family one day soon, once recovered from his emotions, without ever going through "prison cell". Dr. Zagury's initial psychiatric assessment reported an acute delusional puff (BDA), believing that his discernment was altered but not abolished. So that Traore could expect to appear before a Court of Assisi, which its current state allows since it is getting better and better. Expertise disputed by any of the parties involved. A BDA is a state of delirium that can be transient, appears suddenly - so without major antecedent - and can last a few days, weeks or months. Dr. Zagury explains in his expertise that Traoré's excessive use of cannabis in the weeks prior to his BDA was voluntary, no doubt to quell the delirium that was beginning, so he was aware of his condition. The judge finally conceded, in March 2018, the anti-Semitic dimension following the first hearing of Traore. But she, and she alone, is not satisfied with the expertise of Dr. Zagury, so she has ordered a second, and has already launched an over-expertise that will take place soon!
When the judge is zealous
The second expert appraisal carried out by three experts, made public a few days ago, says Dr. Zagury's analysis, but concludes differently: the use of cannabis and the BDA have abolished the discernment of the murderer. Therefore, the criminal irresponsibility of Traore is very likely. His case would therefore be presented to the Trial Chamber, which would presumably decide on a security measure in the form of a psychiatric detention until his recovery. The last expertise evokes a "re-adaptable" individual, even if it will be "long and difficult". Let's be confident in our medicine, what she did with Adel Amastaibou and so many others, she will succeed with Traoré whose condition is already improving. Surrounded by his family, perhaps helped by alternative methods of disengagement, "jinn hunting", under the supervision of some ethno-psys, Traoré should resume his place in society, in the name of his "right" to reintegration . Sarah Halimi, who had dedicated her life to others as a doctor and then a school principal, is no more. Her three children are orphans, her grandchildren will not see her again, nor her brothers and sisters. For them too, life goes on but it is forever obscured by this bloodthirsty crime, invaded by this lack. A life haunted perhaps by the injustice looming on the horizon if the non-place was pronounced in favor of Kobili Traore, like that of the mother of Sebastien Selam for fifteen years.
Another significant element of the case: the refusal of the judge to organize a reconstitution. Asked by the civil parties, the lawyers of Traore never refused, nor did they ask for new expertise after that of Dr. Zagury. The respondent himself said he was in favor of a reconstitution. But the judge persisted in her refusal: it would bring nothing, according to her, to the manifestation of the truth and in addition, Traore would risk a relapse, a "psychic decompensation", if he returned to the scene of his crime. Risk that the psychiatrist expert did not mention.
The reign of irresponsibility
Today, the shadow of the non-place hangs over this crime. The murderer of Sarah Halimi would benefit from criminal irresponsibility. Are we going to witness an epidemic of BDA to "explain" anti-Jewish aggression and crimes in our country? Very convenient BDA, delusional phenomenon that can arise suddenly and not necessarily lead to chronic mental illness through effective management. In this case, who can say if some of the terrorists who have been "neutralized" in recent years would not have seen themselves declared "delusional patients", therefore irresponsible criminally by psychiatric experts? Psychiatrization of delinquency and crime seems to become commonplace in sensitive cases. New face of the policy of the excuse that gives itself airs of science, the medicine is indeed more serious than the "social sciences". This psychiatry reveals above all the advent of the reign of collective and individual irresponsibility that undermines our societies. The individual who transgresses badly, monstrously, the common law is potentially no longer responsible for anything because we can no longer look barbarism in the face. It is enough to find an "expert" to explain that in fact man is always acted, unconsciously, by external or internal forces that he can neither control nor neutralize. "Sleep good people, it was not his fault" ...
In the case of Traoré, who before his 28 years had never made any delusional crisis (which is quite late for a first BDA in a recurrent cannabis smoker), the refusal of the judiciary to question the cultural and religious context in which he grew up, evolved is particularly pregnant. The tweezers with which this subject is addressed in the media illustrate the uneasiness surrounding the cultural dimension of the ultra-violent acts of these offenders and criminals that have been inscribed in our judicial landscape as an insignificant evolution. The effect of the number serves to justify trivialization whereas it illustrates on the contrary a terrible situation, a danger to which the whole society is exposed.
The anti-Jewish dimension of Traore's crime is not in doubt, whether it was delusional or not, it is the Jewish identity of his victim that increased his violence tenfold, he recognized it before the judge during his hearing which forced the latter to retain this aggravating factor. But beyond that, this tendency to psychiatry and psychologization of social facts related to delinquency and crime must question us. It is very likely that the great criminals of history were suffering from psychic pathologies, but who would dare to question their responsibility in the massacres or exterminations that they ordered, planned, executed with the help of "ordinary men" who should still be "a little disturbed"? Studies in social psychology have shown that there is a category of human beings capable of resisting the pressure of the group, refusing submission to an authority that orders you to murder your neighbor whether he is a "sheitan" or "A cockroach" like the Tutsis were designated by Hutu power. Kobili Traoré is apparently not of this human kind. That the justice sees in it an element in its defense justifying from a certain time its release, can legitimately freeze us with fright.