mardi, janvier 02, 2018

02.01.18,back jihadists7, jihad, extradition, bardouin, merah, indivisiblité, police, administration, justice, syria, iraq, france, constitution, laicité,


Second part : English

Blog: madic50.blogspot.com / Book: The two forms, Amazon

On Tuesday, January 2, 2018


Copy to:
President of the Republic / Prime Minister / Attorney General
Minister of the Interior / Minister of Foreign Affairs
Presidents of Parliament / Presidents of parliamentary groups
President of the Court of Appeal / Attorney General
President of the TGI / Attorney Generalbarrister,
Judicial Union / Union of Magistrates
Magistrates Unit SNM-FO
Ms. Simonnot, journalist
Ambassador of the Republic of Iraq / info@irak.fr




REFLECTION ON THE INFLAED EXTRADITION OF JIHADISTS AND THEIR INSTALLATION IN THE STATE


1. Preamble
The media announce the possible extradition, from Kurdish Iraq to France, Thomas Bardouin, notoriously war criminal in Iraq and Syria.

This information raises the question of a possible break in the indivisibility of the French state in favor of the subordination of the secular French Republic to a religious community policy.

The government is faced with the fait accompli of having to say who is leading.

On December 20, 2017, the Kurdish People's Protection Units (YPG) arrested Thomas Bardouin in the Hassaké region (north-east), between Mosul (Iraq) and Raqqa (Syria), former capitals of the state group's caliphate. Islamic (EI).

The YPG are partisan forces. They have no legal capacity to take the place of the Iraqi State and to deal with the French Government with judicial extradition provisions.

2) - The maneuver
A large-scale media maneuver was set up for Mr. Bardouin to be extradited to France for trial.

This media hype demanding the extradition of this criminal is a major piece of a large-scale operation for the repatriation of French jihadists on the pretext of an imperative need for their judgment in France.

Since the announcement of the territorial end of Daesh, this manipulation of opinion follows all the others originally based on pity on children and pregnant women.

The advantage of the extradition of Mr. Bardouin is both the racial identity of the litigant who is of European type and his quality of leader.

If the French allowed this extradition there:
a- They could no longer oppose the extradition of the French jihadists of the Arab type. Except to undergo an anti-racist offensive.
b) It is the jihadist army and all its hierarchy who could claim the right to consider France as the place of their winter quarters.

And the trick would be played.

It is funny to see that it is the proponents of the doctrine of "State Racism" of France who mobilize this same "racist" state to escape the justice of states claiming their own Muslim ideology.

3) - The value of the arguments
None of the arguments put forward for this extradition are rational and honest.
A- The dishonesty of the process is flagrant.

It is alleged that Mr. Bardouin complicity with Mr. Merah in order to mount a judicial record on this subject.
1- Mr. Merah has been dead and buried since 2011.
a- We will not exploit his body for several decades.
b- The trial done to his brother has only resulted in creating uncertainties, disorders, opacities.
c- Merah is not an institutional dildo. That's enough !
2- Mr. Bardouin's uncertain ties with Mr. Merah are incommensurate with Mr. Bardouin's certain crimes in Syria and Iraq.
3- It is good for him to escape from his responsibilities before the Iraqi justice that the French government would compromise in this maneuver.
4- This only indicates the power of Islamist networks in France.
a- Children whose state has taken parental authority, de facto or de jure, can not obtain an explanation of their lack of diplomas, training or driving license.
b) On a snap of the finger, the French Islamists get repatriation in their winter quarters from their routed troops.
c- In this report to the State executives, the inequality of the French is manifest.

B- The complicity

The legal support of these maneuvers is the distance that the French State should have with regard to the affairs of these countries of the Middle East with regard to its duty towards its fellow citizens.

The French state would be supposed to devote itself primarily to its national solidarities towards its nationals and not to the conduct of wars in foreign lands.

The criminals present on the national territory indeed benefit from the judicial protection of France towards its nationals vis-a-vis the requests for extradition of the third countries.

These special responsibilities towards its nationals do not authorize the State to make itself an accomplice of war criminals by organizing their removal from the competent justice, on the territory of which they are when the French State intervenes.

This quality can not become the legal screen of the organization by the French State of exfiltrations of criminals for the sole purpose that they join the national territory and thus escape the local justice.

In this case, it is the French State which becomes penally complicit.

All criminals who return to France through any action of the State return under conditions that are questioning the sovereignty of the countries of execution of their crimes.

As such, the Iraqi and Syrian states would be justified in bringing legal action against extraditions whose immediate object is notoriously to allow these criminals to escape their responsibilities vis-à-vis the justices of the countries in which they live. are constituted criminals, have institutionalized their crime, have committed their crimes both first and most serious.

The French State may be put on notice to hand these criminals to justice in these countries in compensation for his fault and as a pledge of recognition of the equality of States.

The French state can exfiltrate its agents but certainly not engage actions for the sole purpose that its nationals, war criminals, escape the competent justice of the country where it is.

This would be the case for the extradition of Thomas Bardouin and those of his alter egos. They are illegal.

C- The competence
These maneuvers do not work without the colonialist argument of incompetence

It is precisely because the main crimes were committed in Iraq or Syria that criminals should be tried in France because the Syrian and Iraqi justices would indeed be incompetent, professionally and politically.
a- Colonialism is over for more than 60 years. France no longer has any authority to exempt one of its nationals from the jurisdiction of the country where he commits such recognized war crimes.
b- These justices are the only ones who have the material and professional means to investigate the facts attributable to these criminals.
c- They are the only ones who have the legal means to qualify the crimes committed in their jurisdictions.
d- France does not have jurisdiction to judge crimes committed in a country that has justice and criminals.

4) - Global crime
The main argument for Mr. Bardouin's extradition and his judgment in France is his support for Mr. Merah.

This argument leads to legal conclusions that are the exact opposite of the intended purpose.

In arguing that the two criminals are close, France establishes that their crime is global and that a crime in one place serves them first to commit crimes elsewhere.

Crimes prepared in France or abroad are therefore part of the same criminal continuum and therefore judicial.

This founds:
a- The loss of extradition immunity of these French nationals resident in France.
b- The legal possibility of France to collaborate with the justices concerned by the crimes of its nationals and to extradite them to these courts.
It is therefore the courts of these countries that have priority, competence, and who must investigate and judge the case with the participation of French justice.
a- Mr Bardouin is accused of instigating Mr Merah to act in France; It's not sure.
On the other hand, he acted in Syria and Iraq; for sure.
For practical reasons, it is probably up to the Iraqi court to take charge of the case.

The argument of revelations that Mr. Bardouin would have to make to the secret services is irrelevant:
a- The French State can perfectly be a civil party before the Iraqi Tribunal.
b- The French secret services can also make the trip to interrogate him in Iraq.
We are not going to repeat to infinity the blow of the man who knows everything about the universe and who must absolutely say so in Paris. He can very well say that in Baghdad.

5) - Illegal extradition
Legal arguments have no value, but their political effects are devastating.

Mr Bardouin's return to France would be a negotiated extradition between the French State and Kurdish authorities, which have no legal standing to do so.

This time :
a- The French authorities could not argue the fait accompli of a return of fact, a physical presence, of French which they would be obliged to take into account the rights.
b- It would be the French State that negotiated the return of this criminal.

By this very fact, he would recognize France as the rear base of retreat, rest, reconstruction, security, jihadists.

The few years of imprisonment inflicted on some are a joke for all. The only effect of these years of prison is the gradual takeover of prisons by Islamists.

6) - Criminal continuity
To refuse the ties of the French justice and the Iraqi justice the French authorities must break the continuity of action between the Syrian and French facts.

Now, if they can bind Bardouin to Merah, it is because there is continuity and not rupture.

Therefore, the French authorities let the jihadists dictate their global judicial logic.

Since the latter want to separate their actions, French justice inscribes its action in their legal policy. She puts herself at their command.

As long as the jihadists were in Syria and Iraq, the French authorities could ignore the question of continuity of the action but now it is imposed on them and translates these extradition negotiations and submission to the jihadists presuppositions.

The obsolete model of French cadres installs Islamists in the direction of French judicial policy.

7) – Disqualification
By refusing to allow Iraqi justice to decide sovereignty of Mr. Bardouin, the French State disqualifies it and all other similar ones; those whose state figure comes from colonization.

At the same time, he justifies the claim of the jihadists, French among others, to go to fight in these countries as much as they please.

Indeed, the French Islamists will wage war in Iraq or Syria and the righteousness of those countries, those ones and all others like them, are declared incompetent to judge.

This implies that jihadists have a competence to appreciate the opportunity of what they face in states that do not exist judicially; so not at all. At the very least, there would be something to plead.

8) - The Kalifa
The war that jihadist fighters are about to wage in Iraq is not only a war of conquest of territory.

It is also the military definition of a political territory. Supporters of ISIS do not want to overthrow one state to create another.

They call themselves State to specify that they fight on the ground of the secular state to replace it by a religious state, a non-state, a Kalifa.

By disqualifying the Middle East states, the French state disqualifies secular states and as a result legitimate ambition to install religious states.

9) - The ridiculous
Admittedly, the French state can say that it reproaches those supporters of the Islamic State for committing horrible crimes.

But on the one hand:
a- They are not the only ones. Proponents of secular states have their lot of horrors.
b- The French State can only retain a presumption of crime.
He has no investigator status.
c- It must stick to a sentence relating to the principle of the prohibition to go on the spot.
d- Lawyers will not fail to ask on what right is this ban on travel.

On the other hand :
Considering only the factual crime, he can not prove otherwise, the French government excludes from judicial reflection crime substitution of the Islamic state to the lay state.

As a result, he takes out this opposition of crime which he submits to the judicial examination and consequently legalizes it by passing it over in silence.

If Mr. Bardouin returns to France, he will be tried for unprovable crimes. He will be cleared of having gone to fight a State to which France does not recognize any judicial capacity; clearly no legality.

Mechanically, France will find itself embarked in dozens of lawsuits with no political or judicial interest and without other publics than religious clans.

The trial of Abdelkader Merah Brother Mohamed Merah is the archetype.

In the end, France will be accused of practicing a racist mass justice.

One may wonder who has an interest in paralyzing and thus ridiculing French justice.

10) - Losing the face
By organizing the return of jihadists under the guise of judicial extradition, the French state thinks itself master of the game.

It is clear that the French public ideology with regard to the jihadists is a paternalism formerly colonial.

But times have changed.

In reality, he loses face in front of the party of those who, according to the closing words of a 2010 documentary, can say "We are first and foremost Muslims".

Once again, French Muslim Democrats must eat their hats and shut up.

It is no longer only in fact that the French State ensures the judicial impunity of the jihadists. It's now in law.

To achieve this, he must publicly disqualify the justices of the places of commission of the crimes as well as the states which distinguish the politics of the religion.
It contributes to the chaos of the world and the adventurers who benefit.

11) – News
This extradition and other returns are presented to us as sovereign and diplomatic acts of the French State. In other words, as manifestations of his power and his subtle mastery of things.

This is not exactly how they are presented.

Progressively, France loses control of its ideological field.

Contrary to what many French people think, French fundamental legal principles are no longer obvious for all networks of French executives.

On the contrary, we are witnessing an offensive against these principles of "indivisibility", "equality", "indistinctness", "universality", on which French law, French society, the legality of resulting public actions.

The fashionable propaganda of the "racist state" is expressly based on this delegation of French constitutional principles.

In 2014, the banker Jean Peyrelevade challenged the principles of equality of the Revolution and the Declaration of the Rights of Man to submit the French Constitution to the Anglo-Saxon liberal ideology.

In 2016, one of the leading French editorialists, Mr. Plenel, wrote a book to denounce the constitutional principle, of 1789 he specifies, of the indivisibility of the Republic.

The collective resignation of members of the National Digital Council following the ouster of communitarian activist Rokhaya Diallo is a slap inflicted on the government by the capitalist graduates, and an attack against the republican principles.

The Guardian sees in the obstacles to the institutionalization of Anglo-Saxon and Muslim community policy by the French government the effect of the deep foundations of the French Republic, "for which all citizens are equal and free from all distinctions of class, race or religion ".

The French state is not declared "racist" because it discriminates here and there people according to their races.

It is precisely because it does not "distinguish" by the Races. He refuses to make them administrative bases in their own right.

It is the French Constitution and its referent of 1789 that are declared illegal by multiple networks of executives, including senior executives.

What is reproached to the police officers and the gendarmes who kill by the circumstances of the people perceived ethnically is less the death of these people that the constitutional base of the indivisibility of the public space from which the police forces claim intervene.

The police intervene because they refuse to admit that they do not have to intervene and that they must allow to operate another administration of public order that theirs.

In 2017, as a continuation of this offensive, professors economists at the University Paris-Dauphine publicly challenge the French notion of universality which implies for example that health insurance must treat everyone and for all diseases.

12) - The logical movement
Some want the French state to bring back the Bardouin file to a Franco-French paternalistic conflict and to do so it disqualifies the States which are the places of commission of the crimes.

In doing so:
a- They forbid the French State to discuss with anyone by right the judicial value of the interventions of the litigants judged.
b- They disqualify France as judicial interlocutor of these states.

These maneuvers use the jihadists to disqualify secular states, that is to say proceeding from politics and not from religion.

They want to obtain from the French state that it gives in fact a legal value to the political process of jihadists building an independent administration.

The denunciation of the bloody crime of the Islamists becomes the cache-sex of this institutional recognition.

This scam with horror becomes a common ideological fact.

Thus, on New Year's Day, the Parliamentary Channel, LCP, programs an umpteenth sequence on Eva Braun, Hitler's wife. This man was certainly a "Monster", but who appears so human through this love. The rest follows, others take care of it.

1- In the so-called Banlieues public order, some people no longer want the State to recognize the legality of the intervention of the national police, because national.
2- In world public order, the same people no longer want the French state to recognize the legality of secular justices.
3- They assign to it the function of recognizing a legality to the duality of lay and religious administrative bases.

The extradition of Mr. Bardouin would be the official act of state and judicial recognition of the legitimacy of communitarianism and separate constitution, including Sharia law.

As a result, jihadist trials would become either ordinary law suits for those who committed criminal offenses in France, or trials of opinion against Arab-Muslim fighters.

By disqualifying the justices of the former colonized countries, the French State recognizes to these people the right to aim for the overthrow of a legal state.
In this case, it can not at the same time forbid them to form a specific political and technical administration contrary to the lay and therefore religious principles.

It is this hypocrisy that guaranteed extradition.

This crime will not appear at the trial in France.

The installation on French soil of conflicts which are foreign to him becomes a political art.

Thus, Jewish academics claim that the Israeli-Palestinian conflict is installed in France because people would be smarter than in the Middle East and could solve it.

13) – Slippage
Arriving in France, the jihadists are legitimized in fact in their fight against the secular states since they are not delivered to them.

The creation of an independent administration in Syria and Iraq is not wrongly attributed to them.


On the other hand, at the same time, they would be tried to judge them for wanting to establish, in France, an administration of departure, of indoctrination, of armaments; in short, an administration distinct from the French administration.

However, the trials of police officers and gendarmes for violent and justified justifications for public order indicate that the French State already recognizes the legitimacy of a separate administration.

These de facto administrations are the same in France as in Syria or Iraq.

However, in the eyes of senior executives, these separate administrations in France do not count because they despise them.

They see the administrations of jihadists and other communitarians created in France as networks of prostitution of the 19th century; their legality is at the discretion of the police and magistrates.

But the French State is faced with a problem which is that a recognized administration can be denied only for a particular quality; the immorality of acts for prostitutes.

For a political administration whose legality is in fact recognized, the quality which the state would authorize to denigrate it is that of the population that composes it and its ideology of action; to know muslim and therefore mainly Arabic in France.

The ideology of "State Racism" fits very precisely in this unthoughtful flaw to qualify the denigration of the independent administration, communitarian and jihadist as an action aiming at the raciality of the people considered and therefore "racist".

France will thus gradually find itself indicted for "State Racism" because of the organized incoherence of the implementation of its legal principles.

The function of Mr. Bardouin will be to put at the foot of the wall the French state to recognize the existence and the legality of this duality administrative or to make selective and therefore "racist" recognitions.

The racial type of Mr. Bardouin will provide proof that all French can choose each their communitarianism. It will be the living testimony of the Racism of the doctrine of indivisibility, of the Revolution, of the Declaration of the Rights of Man.

Indeed, we accept the communitarianism of French Muslims against an Arab state but we reject the communitarianism of the same in France because of their Muslim ideology.

The lawyers will feast.

Once justice is ridiculed and the state indicted, the forces involved, including the CIA, will do the rest; or rather continue their action with more force.

14) - The installation
On December 31, 2017, two policemen are molested by thugs who refuse the national public order.

The ensuing discussion is organized on the back-to-back referral of the "violence" of the aggressors and the "violence" of the police.

It can not be said that there are now virtually two public, national and secular law enforcement agencies on the one hand, religious and ethnic, on the other, that mix with each other and that the state would be there to manage their borders.

The return of the jihadists without the formal opinion of the magistrates of the countries concerned by their crimes would be a decisive step in the legalization of this factious, mafia, Lebanese ideology.

14) - Progress report
You have to be very unconscious balancers to imagine controlling the chaos that we have helped to implement.                                           

  Marc SALOMONE



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