mardi, août 06, 2019

06.08.19, contribution 31, compensation 35, prosecutor, assize courts, casa del pape, traore, lorient, police gendarmes, dreyfus, HLM, mayor of signes

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.

Aucun commentaire: