blog: madic50.blogspot.com / Book: The
Two forms, ed. Amazon
Paris, Tuesday, August 6, 2019
CONTRIBUTION (31) TO THE NATIONAL
DEBATE WISHED BY THE PRESIDENT OF THE REPUBLIC IN 2019.
INDEMNIFICATION (35) AND OBSOLESCENCE
OF THE PRIORITY OF CRIMINAL PROCEEDINGS.
BUSINESS TRAVEL AND CRIMINAL
QUALIFICATION. LORIENT AND SIGNES AFFAIRS AND ACCIDENTAL
QUALIFICATION. THE COURSE OF ASSISES AND THE CORRECTIONAL TRIBUNAL.
CASA DEL PAPE.
(Continuation of the reflection n ° 34
of July 15th, 2019 and previous ones, see: madic50.blogspot.com)
Reflection on the current functioning
of the judicial procedure,
1- On the one hand, and because of it,
as a place of emergence, legitimation, organization, a break of the
indivisibility of the State and a duality of administrative or
constitutional policies .
2- On the other hand, as a source of
evolution allowing the restoration of the authority of the State and
its uniqueness.
1) - The circumstantial facts
On July 19, 2016, around 17h, in
L'Isle-Adam (Val-d'Oise), a neighboring town of Beaumont-sur-Oise,
two plainclothes policemen get out of their car, in the street, and
announce to two brothers , Bagui and Adama Traore, that they must
submit to a control.
This one aims at the arrest of Bagui
Traoré. He is under investigation for "extortion with
violence". Bagui's arrest continues regardless of Adama's
control. He remains on the spot, "calm", according to the
story of the gendarmes. He cooperates therefore. He is driven in a
gendarmerie vehicle. It is 5:15 pm
This is an indication that gendarmes do
not provoke violence.
Adama, for his part, has no provision
for cooperation with gendarmes.
He fled running, according to his
family because he did not have his papers on him. Two gendarmes set
off in pursuit.
Adama Traore has 17 convictions. Two
months before this check, a former co-detainee filed a complaint for
alleged rape in the joint cell.
He dodges control twice. This is proof
that he was not hindered, or harshly such, during the controls to
which he refuses to submit.
The third time, he is arrested in a
house, on denunciation.
The gendarmes make sure of his person
in this way: "We throw ourselves on him with my two colleagues
... We used the force strictly necessary to control him but he took
the weight of our bodies to all three at the moment his arrest. "
He is taken to the Parsan gendarmerie.
Firefighters (17:46), Samu (18H); cessation of care and declaration
of death (7:05 pm).
He suffered no violence other than back
pressure.
2) - The blockage
1- It is an accidental death.
Death does not stem from the logic of
illegal action.
It is the result of the implementation
of a legal action that excludes death from its aims and means.
2- It is the archetype of the excessive
consequence of a legal action:
a- The agents of the State do not bear
judicial responsibility.
b- On the other hand, the State must
repair the wrong done to a fellow citizen by this excessive
consequence of the action of its agents.
3- The judicial procedure makes such a
distinction impossible.
a- Either the agent is guilty and the
victims are entitled to compensation.
b- Either the agent is innocent and the
victims are not entitled to anything.
c- There may be a mix of both but the
logic remains the same. The penal is the priority passage without
which there can not be repair of the fraud.
d- We must look for a culprit. Finding
it then goes without saying.
3) - The stalemate of the prosecution
This obligation of the primacy of the
criminal generates a repetitive procedural mechanics.
It is present in all the cases
implicating agents of the State:
In order to exclude any reference to
the Tribunal of State Agents, the public prosecutor declares causes
which appear to be intended to mask a fault of the police.
On the one hand, it has become
customary for the prosecution not to be followed by the Tribunal.
On the other hand, the only result of
this step is to certify the existence of a fault of those who appear
to be the protector.
In so doing, the public prosecutor
reduces the action of the prosecution to a maneuver.
All these operations invariably lead to
the disqualification of the official part of the investigations.
a- Either they put the examining
magistrates in a position of canting. They appear as substitutes for
the prosecution and actors of a caste solidarity.
b- Or, they lead to a conflict between
the investigating judges and the prosecution.
The repetition of these corporate
conflicts shows that prosecutors always yield to the opinion of the
investigating judges if they oppose its action because it does not
exceed the level of the media maneuver.
In the end, the part of the agents of
the police is badly served.
4) - The accident
There is, however, a common oversight
of all these prosecutorial interventions in cases where law
enforcement officers are indicted. This is the "accident"
qualification.
This forgetfulness is discriminating
1- The police
In the Adama Traore affair, as in that
of the ébonné syndicalist, and to my knowledge in all the others,
the public prosecutor never evokes the qualification of an
"accident".
b- In the case of the evangelism of a
protester in 2016 with an unjustified shooting of a grenade, a
50-year-old policeman must be tried for "willful violence
resulting in mutilation or permanent disability" against Laurent
Theron, a 48-year-old union activist "definitely blind in the
right eye", according to the order of the investigating judges
The qualification of accident is
refused and the return in Course of Assises is acquired.
The alleged fact is "voluntary".
The policeman has deliberately stripped this trade unionist since he
has shorn it.
The penalty is 15 years.
2- Civil networks
It is different in cases of identical
logic but concerning civilians, or at least certain categories of
them.
The case legally identical said of
Lorient, illustrates perfectly this statement.
On July 7, in Lorient, a man is
arrested by a gendarmerie control. He starts off again. He drives
very dangerously to escape the gendarmes who follow him. The vehicle
swerves and crushes two children against a garage; a dead person and
a polytraumatized person for life.
Immediately, the prosecutor of the
Republic of Lorient, Laureline Peyrefitte, qualifies the fact of
"accident".
The prosecutor's office of Lorient
opened a judicial investigation for "aggravated manslaughter",
"aggravated involuntary injuries", "driving without a
license for recidivism", and "lack of insurance and refusal
to comply aggravated by the endangerment of others ".
Everything is a priori "involuntary".
Shortly after, she issued a statement
stating: "The maximum penalty incurred by the driver of the
vehicle, currently on the run, is increased to ten years
imprisonment.
Accident classification and referral to
the Criminal Court are vested.
After the arrest of the driver, the
parents accepted the decision saying that it allowed them to "mourn".
The fact that the children, the
parents, the driver, are from the same Turkish community is the main
reason for the decision of the prosecutor and the acceptance of it by
the parents.
It is communitarianism that conditions
the judicial action and the reparation due not to the parents but to
the children.
5) - The indivisibility of the State
According to the social qualities:
1- Civil
a- In the case of Lorient, one of the
children is "definitely" dead and the other is suffering
from "permanent infirmities".
b- So, in the case of the civil, no
"permanence" of fraud is taken into account.
2- Policeman
a- In the case of the police officer,
the referral to the Assize Course is presented as compulsory simply
because of the "permanent" nature of the "infirmity".
b- What is confirmed by the pathetic
attempt of the public prosecutor to make believe that a flattened eye
can be repaired.
This is so because the criminal logic
of the procedure has allowed the introduction into the procedure of a
new element which it guaranteed marginality until then.
a- The indivisibility of the State and
the uniqueness of the administrative policy are now implicated in the
functioning of the procedure.
b- The procedure has become the place
for a debate between several administrative policies.
The procedure leads two separate
operations:
1- The disqualification of the
pretension of the existing state apparatuses to dispose alone of the
legal authority.
Police officers are produced as
criminals because they perform their duties and assume their public
policy prerogatives.
A police officer was sent back to the
Assize Court on the grounds that he could have been hiding instead of
facing the thug consciously and voluntarily armed.
As he could save his life, it became
criminal on his part to take that of the thug.
He could not act until the thug, the
civilian, had taken the initiative to kill someone. He had, however,
taken his gun out of his case on his own initiative.
2- The emergence of other draft
administrative policies that promote the recognition of their
legality by the courts.
a- Some groups become empowered to
decide on the course of justice, qualifications, referrals.
b- This fight of installation of a
duality of administrative policy is even the only current political
fight in France.
6) - Mastering the referral
One of the nodal points of this
penetration into the procedure of a plurality of systems aimed at
organizing and exercising the public authorities is the decision of
the dismissal.
Will the alleged innocent be returned
to the Criminal Court or to the Assize Court? Will the maximum
penalty be 15 years or 10 years?
Whenever the clash of police and
citizens leads to a complaint and that it is supported by a
collective network, the public issue of the legal action is to send
the police officer or gendarme in progress Assize.
The case of Lorient staged the
reservation of the qualification of Accident and the referral to the
Tribunal correctionnel to the mechanisms of management of
intra-community conflicts.
The common point of these two judicial
circuits is that the practice of law already organizes a social space
in which the procedure is managed in equal parts by two parties: the
judiciary and certain social forces; excluding state agents.
All the social forces concerned by a
legal action intervene in a procedure. But not all participate in its
development.
The politicization and hypertrophy of
the dismissal in the Assize Courts organizes the intrusion and even
the installation in the procedure of political forces which do not
have their usual place there and content themselves with being part
of the public.
By the delegated manipulation of
referral, the Criminal Court or the Assize Court, these forces
intervene in qualifications and judgments.
They do not require the Assize Court to
obtain the judgment of what they claim to be a crime.
They require the Assize Court as a
place of recognition of the legal extraterritoriality of ethnic
thugs.
The policeman does not have to shoot
because the thug is not legal.
When the policeman arrives in Assize
Court, he is already guilty and must be sentenced.
This obligation of condemnation marks
the characterization of a crime as the cover of a diplomatic clash.
If the citizen jury acquits the accused
of the facts of the crime. In Appeal, the jury of magistrates
condemns the above for violating a sovereignty and the implicit
administration that goes with it.
The judgment of the Assize Court is
responsible for legalizing the existence of another source of
legality than that of the French Public Administration.
The forces of order are summoned to
assume the fact and to organize the reality.
7) - The consultation
The procedure produces a consultation
and makes a kind of alliance between the magistrates, the State, and
these civil forces.
In appearance, justice alone decides.
In fact, she decides in consultation with these civil forces.
The prosecutor's office of Lorient
retains the qualification of Accident and the referral to the
Criminal Court because criminals, the dead, the rights-holders, are
already under another judicial authority than that of the French
justice.
This driver is in fact an official
deprived of the community ideology concerned.
a- The criminal qualification would
make a citizen, French or foreign, under the sole French justice
because acting within the framework of the indivisibility of the
public administration.
b- The qualification of Accident allows
the political partisans of communitarianism to proclaim a balance
between the symbolic sanction that leaves room for the negotiation of
its rigor and the pain of the parents of victims who are also
communitarians
Thus, the parents are not placed in
cantilever with the community of which this driver incarnates the
claim of an independent administrative policy.
The purpose of Accident is to
distinguish community unity from French unity and to ensure the unity
of the community by removing it from the rules of French unity.
8) - The diplomatic "distance"
The prosecutor specified how the
gendarmes followed the driver: "In view of the excessively
dangerous behavior and because of its speed, the gendarmes followed
at a distance ... interception in good conditions of safety".
It is not the usual approach of the
police to put forward the "good security" of a thug who
refuse their authority rather than to impose that "force remains
the law".
It has become so, because every time
the police decide to run after a criminal to stop him and he kills
himself, civil forces impose a right to the destruction of entire
neighborhoods and are recognized ways to do it.
When the gendarmes decide to "follow
at a distance ..." it is because the State has already
recognized this jurisprudence implying the legal extraterritoriality,
diplomatic, certain delinquencies.
When the prosecutor speaks of a "safe
interception" she talks about the guarantee given to the thug of
diplomatic quality, and to those who recognize in him, to run no
personal risk in his offensive against French law which concerns only
by accommodation.
On the other hand, she does not speak
about the "conditions of security" of the French, potential
victims of this policy of administrative rupture, including these
children.
This is to be compared with the
reproach made to a policeman for wanting to arrest a thug, who had
taken his weapon out of the case, by all means instead of "following
at a distance" and even hiding to preserve first and foremost
the life of the thug.
He had to "follow at a distance".
He was even told that he had to hide in order to respect the "good
security conditions". These are the ones guaranteeing the life
of the thug. This security of the criminal has priority over that of
the population potentially targeted by the weapon that has been
purposely taken out of its holster.
The revolver or the car were
potentially lethal to members of the public, ie people coming under
French law.
a- The case law of Lorient tells us
that the risk incurred by the potential victims of the thug is
"accidental". This is the Correctional Court.
b- The case law concerning the reports
of thugs in action to the police force indicates us that the risk
incurred by a thug in the legal arrest of his criminal enterprise by
a policeman is for this one of the order of the crime. This is the
Assize Course.
The preventive death of such and such a
thug in the exercise of its functions becomes the violation of a de
facto legal separation between two populations coming under a
distinct administrative policy and the refusal of a diplomatic
"distance" towards an already sovereign population .
It is these conflicts of administrative
sovereignty that the Courts of Assize now judge.
9) - The battle of word games.
The primacy of the criminal law, the
search for fault and the culprit that goes with it, in the judicial
procedure gives the opportunity to civil forces to join in it and to
intervene in the formation of justice. For example by imposing such a
referral rather than another, as we have seen previously.
But this encrustation goes hand in hand
with a public, organized and militant activity, formally external to
the judicial administration.
This detour towards civil militancy,
towards the formation of public opinion, returns in the procedure in
the form of moral norms or evidences of definition of the crimes and
the criminals who perpetuate them.
In the Traoré case, partisan posters
say that "the Adama affair has exposed a repressive,
authoritarian and violent system"
These mass political campaigns have
obtained a reversal of meaning. The illegality of the thugs' violence
becomes the crime of police and gendarmerie violence.
a- There is "police violence"
and gendarmerie, history is full and no country escapes.
b- So any violence on the part of the
police is police violence and consequently a criminal activity to be
recognized as such by justice.
This mantra of police violence leads
the public, insensibly, to take the side of the thugs in the exercise
of their functions. These become Martyrs.
Police vigilance becomes fierce. The
confrontation of the dealers with the police force becomes a
Resistance to the occupation for the Liberation of the territories
thus submitted.
In the Adama Traore case, the
organizers publish an "J'accuse" by identifying the case of
this offender with that of Captain Dreyfus and their movement with
that of the Dreyfusards.
No official from the Republic replied.
The organizers of these factional
movements aim at the creation of new spaces of public order; the free
territories of the Narcos.
These ideological inversions are based
on political confusion:
1- Prisons
a- On the pretext of the well-founded
struggle for the dignity of the prisoners, of which the revolt of
1974 is the symbol, some want to impose the caids and racialisms.
b. None of those lovers of the right of
the prisoners goes so far as to recall the crime of the presence of
mental patients in prison. They are 30% of the prisoners.
2- The cities
a- By the astute installation of
injustice as an essential principle of social functioning, some
people want to lower honest people to support voyeurism as a
political organization.
Before the apology for community
crimes, there was for example "Mesrine". The Robin Hood
robbing the rich and ridiculing the cops; the dream.
In South America we call that Narcos.
b- Whenever the conjunctures change,
that the democratic political organizations do not take the measure
of the mutations, the return to the spontaneity, the nihilism, the
individualist anarchism, is essential.
3- Violence
Groups and individuals able to carry
out violent actions, without a future but repeated, make figures of
"resistant".
This is how the villains of the Cités
are qualified.
The challenge is indeed the political
organization of the masses and the practice of the public
authorities.
4- Conclusion
All modern history proves that the
passage through delinquency of a mass political movement accompanies
the dictatorship of the ruling classes and leads to fascist
evolutions.
This is the case, even when the ruling
classes maintain democratic forms for their internal disputes.
10) - The academics
This regular regression of the
political debates is the reason why the organizers of these factious
civil movements, like the one claiming Adama Traoré and the other
people called "Martyrs of police violence", regularly have
the support of political parties, parliamentarians, academics,
artists, NGOs, various humanitarian activists.
For a long time, none of these natural
or legal persons has ever participated in a single White March for
the recognition by justice of the victims of these Martyrs.
In particular, it is inconceivable that
truth and justice activists never address two points:
a- None of those who demand the
multiplication of expertise in the Adama Traore case requires public
disclosure of the complaint of this co-detainee for rape from the
same Adama Traore.
b- Five African countries plus France
have hired troops in Mali to help fight a foreign invasion. Young
Malians, major and healthy, which is the case of all Traore, who stay
in France instead of fighting for what they claim to be their
country, by burying their brother, are deserters.
They are also silent on some key facts
for police policy and its "Violence":
1- On April 22, 2018, a manifesto
signed by 300 Jewish personalities denounced the pressure exerted by
the Muslim inhabitants on the Jewish inhabitants for them to empty
the premises. The departure is estimated at 50,000 inhabitants forced
to do so in a few years. It is called "low-noise ethnic
cleansing".
2- According to the supremacy of
"corporatism", codified by the University, especially by
the professors of the School of Higher Studies in Social Sciences
(EHESS), Jewish academics concern themselves only with Jews.
3- From now on, the terms
"neighborhoods", "popular neighborhoods",
"suburbs", etc. are in fact synonyms of place "Arab",
"African", "Muslim".
The French did not leave. They were
driven out by the new occupants.
4- In both cases, this was done with
the agreement of the French public authorities who are masters of the
allocation of hiring HLM and which at the same time accepted the
networks of terrors renamed Délinquances of the suburbs.
Since 1981, there has been no political
demonstration, partisan or elective, against this political practice
of accompanying crime.
It is a pure political and intellectual
swindle to pretend to prolong the clashes of the colonial state and
anticolonialists by supporting the common criminals in their clashes
with the police.
11) - The sublimation of fascism
Whatever the historical modalities or
circumstantial originalities, a policy that is organized in support
of common rights inexorably evolves towards fascism.
These inversions of words and meaning
end up creating networks of moral evidences that can not remain
without influence on the functioning of justice.
This shift from the official norm to
the criminal norm, these reversals of meaning between mafia violence
and legal violence, this interpenetration of honest populations and
delinquent populations, the moral subordination of honesty to crime,
are not the fact of marginalized but of the leading networks of
society.
This ideological training is the reason
for the production of the television series "Casa del Pape".
We see a bunch of
scoundrels stand up to a police obviously silly and nasty, but also
incompetent and downgraded. They are also seen to command honest
people who define themselves by their stupid acceptance of paying
taxes instead of stealing from the fund.
This series concerns our reflection
because it depicts the ideology and social alliances that preside
over this very concrete movement of subversion of democracy.
The air of nothing is a mafia alliance
of academics, networks of banks, marginals against the state. They
proclaim to be the Resistance and act to the sounds of the songs of
the Italian partisans. They thus take their place in the public
imagination.
In passing, these heroes reinvent the
concentration camp system and slave labor.
It is a sublimated reinstallation of
the revolutionary fascism of the 30s, that of Germany and Italy.
Under cover of humor, Mussolini is also cited as a reference
certainly cursed but active.
12) - The recognition of the principles
of evolution
The case Servier, said the Picks, shows
that the state does not ignore the necessary recomposition of the
reports of the criminal and the indemnity.
On the occasion of this affair:
1- The State has distinguished the
criminal from the indemnity and raised the latter to the rank of the
first.
In 2019, the company Servier recognizes
this principle: "We have taken, as of 2011, the commitment to
compensate the victims, without waiting for the outcome of legal
proceedings. "
2- He also gave a definition of the
right-holders to compensation.
On 11 May 2011, the Council of
Ministers approved the creation of a public fund to compensate
victims of the Mediator and its generics.
The official device states:
"A- The compensation is for anyone
who has taken the Picks and has a pathology related to this drug
(that is to say only the heart valves and pulmonary arterial
hypertension) must be compensated
b- The doubt must benefit the victim. "
3- This definition is the model to
which all the evolutions of the legal procedure based on the
recognition of the duality of the penal and the indemnitary one must
conform and no longer of the only primacy of the penal.
4- The State entrusts the execution to:
a- An independent body (ONIAM)
b- The company concerned.
Justice comes only in counterpoint to
their action.
It should not be surprising that the
case dragged on, that the victims once again have the impression that
they are waiting for their death to close the file, that the state
loses its credit.
13) - Evolution
Nevertheless, everything is already
there to begin this democratic evolution that would allow the State
to give itself the means to pursue the conduct of public order and to
continue to judge calmly.
It should simply be ensured that the
whole procedure is the sole responsibility of the justice and that
the indemnifications are spoliation neither of the Public Treasury
nor of the finances of the companies.
To do this, we must already take into
account the confusion in which the primacy of the criminal in the
functioning of the judicial procedure plunges the State and the
responsibility of this primacy in the visible powerlessness of this
one to control the subversion of the procedure by civil forces.
Marc SALOMONE
PS: Signs, Lorient, Paris:
identities and oppositions
The case of the death of the
Mayor of Signes is of a logic identical to that of Lorient and that
of the eborgnage.
It concludes, at least at
first, by the recognition of the accidental nature of the mortal
fact.
This classifies this case in
the Lorient series.
Another characteristic
brings it closer to that of Lorient and distinguishes it from
eborgnage. Neither the justice nor the media give us the names of the
litigants concerned.
Subject to future
information.
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