The burden of proof

On 7 July 2026, the National Assembly adopted a bill on the “presumption of self-defence for law enforcement”. On the programme of the Front / Rassemblement National since 2007, it is now carried by a Les Républicains MP and backed by the Interior Minister of Emmanuel Macron’s government. Victims’ families and collectives fighting police violence denounce a “licence to kill”. In the course of their duties, a police officer or gendarme using a weapon would automatically be deemed to be acting in self-defence; it would then be up to the victims or their relatives to prove that a shot was unjustified. In this way, the bill reverses the burden of proof.

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Index – a digital investigation NGO – has set itself the mission of contributing to the emergence of the truth in cases where it is obstructed by vested interests of power, notably in cases of police violence. From images, testimonies, traces and fragments of various data, we recompose scenes, model their surroundings and thus reconstruct the course of events in order to subject them to the test of verification.

In a society where public space is saturated with cameras and everyone has one in their pocket, we very often work from filmed material: raw, sometimes poorly framed, low-resolution footage.

In the case of Nahel Merzouk, killed by a police officer in June 2023, the video of the scene filmed by a witness and widely circulated was not enough to close the debate on the shooter’s responsibility. He invoked the danger created by the vehicle restarting, which, according to him, was imperceptible in these images. By cross-referencing them with other recordings of the scene, our video investigation contradicts this version. Making it public means submitting the evidence to everyone’s scrutiny, and refusing to let its interpretation remain confined to judicial proceedings alone.

The three other films in the programme share the same gesture: working, with the tools of their time, from images and sounds of police violence, captured or reconstructed, in order to make them legible. In 1966, Because My Bike Was Standing There, a short film by Louis van Gasteren, breaks down a scene of police violence in Amsterdam. The Murder of Fred Hampton (1971), by Howard Alk and Mike Gray, traces the life and death of the Chicago Black Panther Party leader, killed by police at the age of 21, and confronts the official version of the police raid with the traces left in the apartment. Incident (2023), by Bill Morrison, recomposes the death of Harith Augustus, shot dead by Chicago police in 2018, from body-camera and CCTV footage. Together, these films question the status of the witness image and its role in public debate. Once it leaves the courtroom and circulates ever more widely, the evidence does not weigh only on the case it documents. It adds to the traces that preceded it, and their accumulation reveals the systemic nature of this violence.

Because My Bike Was Standing There

Because My Bike Was Standing There

Louis van Gasteren · Netherlands, 1966 · 11 min

In March 1965, a photo exhibition on the police intervention during the wedding of Queen Beatrix and Prince Claus in Amsterdam opened on the Prinsengracht. Feeling provoked by the exhibition, the police resorted to truncheons and beat up a young man.

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Louis van Gasteren is the author of an important documentary body of work, celebrated in the Netherlands but little known beyond its borders. In 1966 he made this short film, which prefigures an entire strand of contemporary visual investigation practices. In barely eleven minutes, the film moves in two parts: the first simply captures an activist speaking out against the use of truncheons by the Amsterdam police; the second visually demonstrates this blind police violence. The film’s decisive contribution is to show how, using cinematic tools such as slow motion, looping and reframing, the descriptive power of images can be multiplied tenfold. It heralds a world of omnipresent images in which the means of cinema must support the archive to help it deliver its full truth and political charge. In doing so, it invents a new genre of visual investigation of which Forensic Architecture and Index are the heirs.

Basile Trouillet, experimental filmmaker and editor for Index Investigation

The Murder of Fred Hampton

The Murder of Fred Hampton

Howard Alk, Mike Gray · United States, 1971 · 89 min

Chicago, 1968. Set on making a portrait of Fred Hampton, the charismatic leader of the Illinois Black Panthers, Mike Gray and Howard Alk find themselves, during filming, confronted with his assassination. A dozen police officers storm Hampton’s apartment and kill him, along with his comrade Mark Clark. Arriving at the scene of the crime a few hours later, the two filmmakers are abruptly drawn into an investigation that will be the only tangible bulwark against the onslaught of the media and police allegations.

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A major film in the history of militant cinema, The Murder of Fred Hampton retains all its revolutionary power and its value as a warning. In its second half, it follows the counter-investigation conducted by the party’s activists and their lawyers to establish the truth about Fred Hampton’s murder. It shows with rare acuity how difficult it is, despite the evidence gathered and the strength of the demonstrations, to push back a mendacious official account. The violence of Fred Hampton’s murder is matched only by that of the authorities’ denial. The film is a reminder that cinema and the world of images can sometimes rise to meet the present and offer an essential counterpoint to dominant narratives. At the end of this counter-investigation, no police officer was convicted; but the film allows us to measure today the injustice of placing the burden of proof on the families and friends of victims of state violence.

Basile Trouillet, experimental filmmaker and editor for Index Investigation

The Homicide of Nahel Merzouk

The Homicide of Nahel Merzouk

INDEX Investigation · France, 2024 · 16 min

On 27 June 2023 at 8:18 a.m., 17-year-old Nahel Merzouk was killed by a police officer in Nanterre, in the Hauts-de-Seine. Filmed by a witness, his death triggered a wave of riots across France. A year later, Index reveals a detailed reconstruction of the circumstances of this homicide.

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Viewed tens of millions of times and endlessly commented on, the video of the shot that killed Nahel Merzouk in Nanterre on 27 June 2023 holds a special place among images of police violence in France. A year after the events, Index published a video investigation into the precise circumstances of this homicide. The analysis places the viral video among other images of the scene, including urban CCTV footage made public for the first time on this occasion. Every available visual and audio element is checked against the judicial case file, which Index obtained, in order to establish a factual account of an event that remains at the heart of a fierce societal debate.

3D modelling makes it possible to step outside the frame of the images and access an off-screen space that until then existed only in the police account. This video investigation was added to the judicial case file. Three years after the events, French justice has still not determined whether what can be seen in these images amounts to murder.

Incident

Incident

Bill Morrison · United States, 2023 · 30 min

Chicago, 2018: a man is shot dead in the street by police. Through a composite edit of surveillance, security and police body-camera footage, Incident recreates the event and its aftermath, between vain justifications, altercations and flight. Bill Morrison delivers a chilling, political investigation in search of the truth.

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In 2019, Forensic Architecture carried out a relentless investigation into the killing of Harith Augustus, shot dead by Chicago police. Bill Morrison, a major figure of found-footage cinema who is used to working with old sources, chose to return to the case in 2023. There is no argued demonstration here: the film essentially sticks to synchronising the different sources and letting the images unfold over time. Through split-screen, it makes the police account, the witnesses’ anger and the first stirrings of protest coexist on screen. Surveillance videos and body cameras become so many narrators of a story told in several voices. It is by respecting real time that the film lays bare the fabrication of lies at the heart of the officers’ account. The very simplicity of this treatment makes the image damning and acts as a plea for the imperative confrontation of police statements with the available images and evidence.

Basile Trouillet, experimental filmmaker and editor for Index Investigation

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