Attys Zahia Mokhtari, Isabelle Coutant-Peyre
Attys Zahia Mokhtari, Isabelle Coutant-PeyreReuters

The father of the Al-Qaeda linked terrorist who murdered a rabbi and three Jewish children in Toulouse, France has filed suit against police who killed him.

Mohammed Benalal Merah accused police of murdering his son in a standoff 30 hours after Mohamed Merah refused to give himself up and instead was killed when he tried to flee during a raid on his apartment.

Merah was forced to inter his son in France, despite the family's desire to bury the terrorist in Algiers, the birthplace of his mother.

"This is a suit against unnamed persons for murder with aggravating circumstances concerning those who gave the orders at the top of the police,” attorney Isabelle Coutant-Peyre told journalists on Monday.

"You've got 300 to 400 heavily armed people and a guy shut up all alone in his apartment. That alone is enough to raise questions,” she said.

Coutant-Peyre is a member of a legal team headed by Algerian attorney Zahia Mokhtari, who was retained by the elder Merah almost immediately following the death of his son.

The 23-year-old terrorist had already shot footage of himself carrying out seven murders in the week prior to the raid. Merah killed three Muslim paratroopers of North African heritage, in addition to the rabbi and children at the Otzar HaTorah Jewish day school in Toulouse.

He confessed to murdering the soldiers, the rabbi and the Jewish children while hiding in his apartment during the siege by SWAT police officers prior to his death.