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First part: French / Second
part: English
Friday, January 5, 2018
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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
General
Barrister,
Judicial Union / Union of
Magistrates
Magistrates Unit SNM-FO
Ms. Simonnot, journalist
Ambassador of the Republic of
Iraq / info@irak.fr
REFLECTION ON THE JUDICIAL
COMPETENCE OF SYRIAN KURDISTAN, SYRIAN JUSTICE, RESPECT FOR LEVANT COUNTRIES
1. Preamble
In the debate concerning the
extradition or not of the French jihadists;
the French government pays
without realizing it in a discretionary arrogance which each one observes
weakens its initiative and of which nobody can doubt that it is very badly
perceived in the Levant.
he government announces,
through Mr. Griveaux, Secretary of State to the Prime Minister, spokesman of
the Government, that "if in the Kurdish part of Syria, in Syrian Kurdistan,
there are judicial institutions
that are able to ensure a fair trial with assured rights
of defense, they will be judged there "
With these words, the French
government has sovereignty over Syria and its state.
a- It disposes geographically
by organizing its political administration.
b- He disposes of it legally by
arbitrarily transposing the judicial authority to the administrative part he
chooses.
He suggests that he himself has
the place of judgment of the French jihadists
However, the democratic logic
would like the government which took note of the presence of French criminals
in these countries remembers to all the legal principle of their necessary
deferrement before justice of the countries which they soiled of their crimes
and on the jurisdiction of which
they stand.
No more for Syria than for
Iraq, the French government can not say that it ignores local justice and
decides the justice that deserves to judge French nationals suspected of war
crimes.
If there is one thing that
local people can not admit, it is that a foreign state can respond to the will
of criminals of the quality of jihadists to choose their court according to the
legal comfort that they think they can draw.
2) - Syrian Kurdistan
The French Government has
thought of circumventing the legal and political obstacles that it considers
should be met by giving the military-political entity known as "Syrian
Kurdistan" the recognized quality of the States to render justice.
This can not be and this
reference was immediately seized by jihadist lawyers to reinforce their
requirement to repatriate their clients.
"Syrian Kurdistan",
"the Kurdish part of Syria, is a partisan political entity.
It is not recognized by any
state or international reference.
By choosing it as a support for
its judicial policy vis-à-vis French jihadists, the government disqualifies it
in advance.
The representative of
"Syrian Kurdistan in France", Mr. Khaled Issa, explains himself that
his political entity is in the hands of the French government:
a- "If Paris wants to
recover its nationals, the Kurdish authorities will find an agreement to hand
them over.
b- "If France prefers to
let our institutions judge them, then we will take care of them"
Any judicial body will say that
the independence of the Tribunal is not guaranteed, either by
"Kurdistan" or by the French government which alone decides on the
holding of the trial, the defendants, and therefore the penalties.
Which court of law, French,
European, international, can admit that a political entity, with de facto
legality, created by military chaos, has "competent structures (...) in
the respect of the right international
" ?
The fact of being a partisan
group leading what it considers to be a good war, supported militarily by the
intervening powers of the moment, is not enough to constitute a "competent
structure".
"Syrian Kurdistan"
has no state authority and the statement of Mr. Khaled Issa shows that he is
unable to do so.
Do you imagine the leader of
Free France declaring that the allies will judge who they like among the French
war criminals and that the French "competent structures" will take
care of those whom the Liberator would like to leave them?
The "competent
structures" of "Syrian Kurdistan" will never be recognized as
judicially competent.
If Kurdistan is ready to judge
jihadists it is because it has acknowledged their criminality in Syria.
In this case, he can not be
allowed to withdraw his capacity of judgment by a third country.
The fact that he plans to
deliver them to a foreign power, at his request, indicates that he is not
"a competent body".
There is an antagonism between
the claim to be able to judge and the fact of considering letting the litigants
leave to put them in political support.
Kurdistan could not judge the
jihadists whom it detains prisoner except by delegation of the Syrian justice
and in no way by an accommodation with a foreign power.
It will be enough for the
jihadist lawyers to argue that these criminals were arrested in Syria, by the
"Kurds", so that they obtain, if it is through the support of various
protest movements, that these litigants come to answer before "French competent structures
acting in "respect for international law".
The jihadists will not fail to
argue that they do not think otherwise than the French state when it
substitutes for the Syrian state and denies its existence.
a- They acted on the same
criteria but on a field at war.
b) After all, the bombing of
the coalition is not free from bad mistakes qualifying as war crimes.
Already, the jihadist lawyers
give orders:
1- "Everything must be
done to facilitate their repatriation, in accordance with France's
international commitments".
2- Emilie König, figure of the
French jihadist movement held by the Kurdish forces in Syria, asks for her
repatriation to the French authorities, "who have the obligation to judge
her," according to her lawyer.
The
system put in place by the
government will be bypassed. He wil lose the benefit of the arrest of
the Frenche jihadists as fighters. He will not be able to avoid a legal,
annonced, defeat of lax and France.
3) – Legality
It is probably necessary to
consider things differently.
Rather than disqualify Syrian
legal justice by the fact of the foreign prince, it would be better to take
into account the realities established and recognized by the UN.
It would be unrealistic, and
especially illegal, to arbitrarily decide that the Syrian state and Syrian
national justice no longer exist.
No matter how violent and
determined it may be, no other force has succeeded in going beyond the stage of
opposition, protest and protest.
The future of the Middle East
will be organized in the continuity of what is; states in the first
place.
Given the state of war of
Syria, the occupation of the land by disparate forces, the massive destruction
of its urban potential, it is possible to say that the administrative unit of
Syrian justice can legally present distortions.
It is the recognized
international conferences that will reconstitute this administrative unit of
justice.
The French government can
therefore take language with what represents the active legality of Syrian
justice, ie the judiciary, to determine with it the conditions for the exercise
of justice in a country so destroyed and still at war .
It would be a good opportunity
to assert for the world that magistrates are the practical reality of justice. They are the
Judiciary.
We can not proclaim that
justice is independent and consider in practice that magistrates are enslaved to
their government.
It may be that the said justice
wants to entrust "Kurdistan" part of the legal action.
The latter would then be
assigned a "competence" by right. It would be held by the body
qualified as a sovereign State, recognized by the United Nations, and not by a
political delegation granted by a foreign State.
In this legal process, the
usefulness of "Syrian Kurdistan" rests on the ability of its
militants to stop jihadist fighters, to keep them, to locate exactly the place
of their arrest (Iraq or Syria), to hold them at the same time. disposition
of the Iraqi or Syrian justices.
This quality of usher and
conservative returns to these fighters. It does not give them the
judicial capacity.
4) – Conclusion
If the jihadists are so
arrogant in their demands, it is because they know that the Europeans have
never really looked in the face of previous centuries as a past.
He was glorious and criminal,
constructive and destructive, but today his first quality is that he is no
more; not at all.
The jihadists have no regard
for the European justices they intend to fool with their own weapons.
But they know that flattery is
the surest way to hurt.
The Government would make a
serious mistake in imagining that it dominates the legal future of the file.
It fights for the survival of
our society and it must not allow these criminals to return to France without
having been accountable to the local justices concerned.
We will be stronger and these
people will be grateful to us.
Marc SALOMONE
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