Investigations with historical stakes that could result in a dismissal: the investigation into the government's management of the Covid-19 epidemic has been closed by the Court of Justice of the Republic (CJR), without any minister being indicted.
Former Prime Minister Edouard Philippe, former Minister of Health Agnes Buzyn, and her successor Olivier Veran have been placed under the more favourable status of assisting witness, following this judicial investigation opened in July 2020.
The absence of an indictment opens the way to a probable dismissal of the case.
"A notice of end of investigation was issued on November 28," Remy Heitz, attorney general at the Court of Cassation, who exercises the functions of the public prosecutor at the CJR and who confirmed information from Franceinfo, told AFP on Monday. "Moreover, no person has been indicted to date," added Mr. Heitz.
Contacted Monday morning, the lawyers of the former ministers did not immediately respond to AFP.
Investigations were conducted for endangering the lives of others and wilful failure to combat a disaster.
They arose from several complaints from doctors or associations denouncing, from the start of the lockdown in March 2020 in France, the lack of protective equipment for caregivers and the population or even the errors on the necessity or not of wearing masks.
– An indictment canceled –
In this investigation, only Agnes Buzyn, Minister of Health between May 2017 and February 2020, had been, for a time, indicted for endangering the lives of others. But she obtained the annulment, in January 2023, by the Court of Cassation.
Ms Buzyn, criticized when she left her post at the start of the health crisis to become a candidate for mayor of Paris, has always defended herself against not having acted when the epidemic appeared in China and spread to Europe.
After her indictment was cancelled, she felt that the existence of a criminal investigation into the government's management of Covid-19 "makes it more difficult for the truth to emerge". "No one really wants to talk anymore", despite "a need for feedback", she lamented.
Now that the investigation is complete, it is up to the public prosecutor and then the investigating committee to decide on the next steps.
Four years of investigation have led to numerous hearings and searches, including the homes and offices of Edouard Philippe, Agnes Buzyn and Olivier Veran, as well as the homes of the Director General of Health, Jerome Salomon, and the Director General of Public Health France, Genevieve Chene.
Four years that have fleshed out a file of tens of thousands of pages.
"Will the results of these investigations really shed light on the organization of the State in the face of major health crises" and "perhaps" prevent others? Or will the magistrates be content to deliver a "summary version" of their in-depth work? wonders a source close to the case.
Whatever option is chosen, the Public Health Unit of the Paris Judicial Court, which is also investigating the management of Covid in France, will be able to draw on the information collected by the CJR, thus offering a "global and cross-sectional vision" of the epidemic, notes another source close to the case.
The CJR is the only court empowered to prosecute and judge members of the government – Prime Ministers, Ministers and Secretaries of State – for crimes and offences committed in the exercise of their functions.
It experienced a sharp increase in complaints during the Covid-19 epidemic.
But it is often contested, in particular for its judgment formation, composed of three magistrates of the Court of Cassation, six deputies and six senators, each with one vote.
Furthermore, in recent months, sources have expressed regret to AFP about several filings of complaints which, in their eyes, would have required investigations.
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