Hi,
Better than that. In BEA IR #3, there is a picture of a recovered Flap rail that was EXTENDED. The "Extended" was in their caption, it is not my conjecture.
Confused ?
In the BEA report N°2 (english) it's indeed a photo ... page 21
and this caption:
From these observations it can be seen that the general direction of the loads
that caused these deformations is bottom-upwards.
Several parts of the flap extension mechanism fairing were found. There were
marks on two of them (positioned at the level of flap track No. 3), made by the
flap extension track on impact. Analysis of these marks (morphological and
dimensional examinations) and comparison with an identical aircraft made
it possible to determine that the flaps were in the “retracted” position at the
time of impact with the water (measurement of the distance between the
track and the lower surface of the flap, position of the carriage on the track).