Paris (AFP)
The Paris prosecution opened an investigation on Friday into the presence of a photographer during the arrest of Piotr Pavlenski on February 15 and the dissemination of the photos in Paris Match, AFP learned on Tuesday from a judicial source.
The preliminary investigation was opened on February 28 for "violation of professional secrecy", "concealment of violation of professional secrecy" and "unauthorized dissemination of images of a shackled person", said this source.
It is entrusted to IGPN, the police force.
The Russian artist had been arrested the day after Benjamin Griveaux's withdrawal from the election for the mayor of Paris because of the diffusion, claimed by Piotr Pavlenski, of videos with sexual character of the candidate LREM.
Paris Match had published the following week a series of photos and, on the internet, a video of the arrest of the activist and his partner Alexandre de Taddeo, recipient in 2018 of the videos of Benjamin Griveaux. In the images, notably the one published on the cover, Piotr Pavlenski appears handcuffed.
According to the 1881 press freedom law, "the dissemination (...) of the image of an identified or identifiable person challenged in criminal proceedings but who did not "subject to a conviction and showing (...) that this person is wearing handcuffs or shackles (...) is punished with a fine of 15,000 euros".
If nothing prevents the prosecution from investigating the dissemination of these images, however, a complaint from the victim is needed so that the magazine is eventually forced to report to justice. But "my client, in principle, never files a complaint," said Piotr Pavlenski's lawyer, Me Yassine Bouzrou, to AFP.
The Russian artist has since been indicted, in particular for "invasion of privacy" and "dissemination without the consent of the person" of sexually recorded material in the Griveaux case.
He was heard on Tuesday by the investigating judge in which he is accused of violence during a New Years Eve party on December 31.
© 2020 AFP