Disappearance of Lyhanna: former judge denounces judicial delays in cases of sexual violence against children
Jérôme Barella, under investigation for the abduction of Lyhanna, 11 years old, is the subject of at least five proceedings for sexual violence against children. A retired magistrate calls for an "electric shock" response.
Lyhanna case: former magistrate highlights failings in judicial monitoring of suspect
On the seventh day of unsuccessful searches, the case of Lyhanna's disappearance, aged 11 and reported missing since Friday in the Gers, raises questions about the judicial treatment of the main suspect. According to France Info, Jérôme Barella, under investigation for abduction and unlawful confinement, is the subject of at least five proceedings concerning sexual violence against minors, predating the child's disappearance.
Among these proceedings is a rape complaint against a minor filed during summer 2025. At this stage, the suspect has not yet been questioned in this context. An administrative inquiry was announced on Wednesday by the Interior Minister, Laurent Nuñez.
"Nine months without questioning the suspect is too long"
Marie-Pierre Porchy, retired magistrate who served as a children's court judge, prosecutor, investigating judge, judge of freedoms and detention, and vice-president of the judicial court of Lyon, responded on France Info. "Even if magistrates are absolutely overwhelmed, we still have all the means to handle these cases in real time," she stated.
She calls for an "electric shock" in response to the delays observed in cases of sexual violence against minors, denouncing systemic "failings". Regarding the rape complaint filed in summer 2025 without any questioning of the suspect having taken place, Porchy is categorical: "Nine months without questioning the man in question is too long."
She argues that cases should only be closed without further action once an investigation has been brought to completion: "Cases closed without further action must only be concluded when the investigation has been completed."
Proceedings that can be accelerated
The magistrate stresses that urgency is not incompatible with existing procedures. "In a terrorism case, it can be resolved in 24 hours, the transfer of a case to another court," she illustrates. This level of responsiveness, according to her, should equally apply to cases of sexual violence against minors when the gravity of the facts warrants it.
Porchy places these difficulties in the context of a marked increase in reports: "Currently hundreds of rape proceedings are piling up across all procedures, because of the breaking of silence, because now children are speaking out and parents are filing complaints."
A lack of human resources highlighted
Beyond judicial practices, the former magistrate points to insufficient human resources in the courts concerned. "Prosecutors receive circulars so that these cases are treated as a priority," she acknowledges, before adding: "Is everyone in a position to do so? That's not certain. Especially when there is a prosecutor absent for months, which appears to have been the case for one of the courts in question."
She concludes with a straightforward assessment: "Things need to change."
Investigation continues in the Gers
Lyhanna had still not been found at the end of the sixth day of searches. Investigations are focusing notably on the suspect's car and telephone, described as central evidence in the case. Jérôme Barella, who had been the subject of two reports and two rape complaints against a minor prior to the child's disappearance, remains the main person under investigation in this matter.
Source: France Info