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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