blog: madic50.blogspot.com / Book: The Two Forms, ed. Amazon
Paris, Tuesday July 21, 2020
CONTRIBUTION (50) TO THE NATIONAL DEBATE DESIRED BY THE PRESIDENT OF THE REPUBLIC IN 2020.
REFLECTION ON THE TRAORE CASE AND ON THE OBSOLESCENCE OF THE COURT PROCEDURE.
(Continuation of reflection n ° 48 of June 22, 2020 and previous ones. Cf.: madic50.blogspot.com)
OF THE URGENCY OF GIVING THE JUDGES THE MEANS OF SEPARATING COMPENSATION FROM THE PENALTY.
1. Preamble
By the organization of demonstrations based on the distinction of races and the criminalization on the one hand, of the French state by the accusation of murder, and on the other hand, of the French by that of racism.
Through the participation of elected officials and political parties in these demonstrations,
By mobilizing some of the media about this protest movement aimed at the indictment of gendarmes,
Through the public intervention of academic or artistic personalities in support of the a priori of Assa Traoré's ideology,
By investing alongside the Traoré family of the environmental party which presents itself as the obligatory unifier of the left and the credible competitor of the presidential elections of 2022,
The public is seized of the Adama Traoré affair and summoned to take sides.
Each of us must therefore reflect on this matter.
The object of this ordinary reflection can only relate to the information made public by the media.
2) - Assertions
What is imposed on us, by sustained and continuous public action, is a series of assertions:
1- The violent action of the gendarmes to arrest Adama Traoré is the direct cause of the death of this man.
2- The use of violence results from the subjective will of the gendarmes to arrest Traoré despite his opposition to his arrest.
3- Now, it is this determination to stop him that organizes the path of his life towards his death.
4- Therefore, the will to stop this man at any cost is a criminal violence leading mechanically to this death which is murder.
5- This crisis of violence could have antecedents in the reports of Adama Traoré and the gendarmes.
6- These antecedents would invalidate the argument of the gendarmes to have only used the means necessary for the arrest,
7- If not premeditated at least predictable and the surprise situation of the presence of Adama Traoré during the arrest of his brother would be interpreted by the gendarmes in terms of revenge.
8- It would not be a legal service but a private revenge.
It is in the silence of the culprit and the servile approval that the French, under penalty of criminalization for congenital racism, must follow the media announcements of legal actions, clan mobilizations, electoral patronage.
3) - Violence
Thus, the family lawyer has filed a complaint for "willful violence resulting in death without intention of giving it".
1- It goes without saying that the gendarmes used “violence” to arrest a man who wanted to evade his legal obligations and that they were “voluntary” for this purpose since the application of the law is the first of their obligations.
2-The effect sought by the laudators of this qualification is the identification of the public with the path of the offender:
a- What if it was me that the gendarmes arrested in this way?
b- Except that '' I '' am not a thug and that '' I '' have no intention of evading the injunctions of the gendarmerie.
3- The lawyer seeks there to disqualify the law and the duty of violence of the police.
This time, the jurists who defend these ideas feel strong enough, the social terrain seems to them sufficiently consistent, so that they no longer pay for a policeman in uniform but three gendarmes in civilian clothes.
4- Under penalty of falling under the slogan "no justice, no peace" and being guilty of disturbances resulting from a bad decision, justice must prosecute the gendarmes, send them to the Courts of Assizes, and the jury , under penalty of white racism, must condemn them to prison and social degradation.
4) - I therefore take the party to say that;
A) - The facts
1- Adama Traoré dies following a justified identity check from which he tries to evade three times.
2- This control is organized by gendarmes duly mandated to arrest Bagui Traoré targeted by an investigation for "extortion with violence",
3- There were no hits.
4- If the magistrates open an investigation into the past relations of this man with the gendarmes it is because they do not find in the present facts enough to examine them, or to put in examination, to formulate the sought and expected criminal qualification. .
5- This fellow experienced in arrest and violence was therefore the object of a vigorous arrest, without excessive brutality which would leave marks, following his refusal to submit to a legal order and the expression of his will to s 'subtract from it.
B- Legality
1- The debates confirm what his death appears to be from the start, namely the excessive consequence of legal action.
This legality is inscribed both in its motive and in its conduct.
His death is consecutive to his refusal to obey a legal order and what is more just.
It is not the logical aim, the foreseeable risk, of an intervention.
2- It follows that the action of the gendarmes is legal, timely, proportionate. It is conducted according to the rules of the art.
a- The gendarmes have nothing to be ashamed of and they should be congratulated for their determination to uphold the law.
b- The professional consequences of this action emerge from the hierarchy concerned.
C- Compensation
1- At the same time, the death of this man is not ordinary.
a- Indeed, we do not have to die in the wake of an identity check in the walls of state buildings.
2 - This one must assume not to have known how to protect the life of an administered.
Even if he is the subject of a complaint by his co-detainee, shortly before this unexpected arrest, for a rape which would also concern other detainees.
3- As such, his beneficiaries must be compensated.
4- We must not fear that the death of a delinquent enriches his beneficiaries. This is already the case for insured accidents.
5- The primordial question is that of public order.
6- This compensation must not burden the Public Treasury.
5) - The double procedure
1- Obsolescence
I believe that the current qualifications are enshrined in the inability of the current procedure to account for the facts and to allow a judgment which is rendered on behalf of a People and not on behalf of a party.
This obsolete procedure can only form a culprit, convict him, subsequently compensate the victims or then acquit and judicially ignore the existence of a victim who has been harshly affected by civil law.
2- The two procedures
a- This compensation divides the criminal proceedings into two distinct proceedings. One is criminal, the other is compensatory.
b- At the beginning of the procedure, the magistrate concerned decides whether the fraud is the act of a criminal enterprise under cover of legality or the excessive consequence of a legal action even carried out by faults.
c- There are other possible qualifications such as accident or suicide.
6) - The two qualifications
1- The facts receive the qualification of a criminal enterprise.
For example a racketeering organized by the police and which turns out badly.
a- In this case, the criminal procedure leads the examined to the Tribunal.
b- Compensation is the consequence of the conviction and not due to the victim.
2- The facts receive the qualification of an excessive consequence of a legal action.
For example, the crushing of a child at a crosswalk by a police car or the death of a suspect during his arrest.
a- The magistrate pronounces compensation for victims or their beneficiaries.
b- Compensation is determined outside any criminal proceedings and paid immediately.
3- Compensation does not mean that the criminal action is extinguished.
This can be sued against X to determine the chain of events and lead to reflections and forced decisions by the administration concerned, public or private.
The actors are then assisted Witnesses.
Failure to execute the judgment can lead to a criminal judgment for wrongful consequences contrary to judicial decisions.
B- Legality
1- The debates confirm what his death appears to be from the start, namely the excessive consequence of legal action.
This legality is inscribed both in its motive and in its conduct.
His death is consecutive to his refusal to obey a legal order and what is more just.
It is not the logical aim, the foreseeable risk, of an intervention.
2- It follows that the action of the gendarmes is legal, timely, proportionate. It is conducted according to the rules of the art.
a- The gendarmes have nothing to be ashamed of and they should be congratulated for their determination to uphold the law.
b- The professional consequences of this action emerge from the hierarchy concerned.
C- Compensation
1- At the same time, the death of this man is not ordinary.
a- Indeed, we do not have to die in the wake of an identity check in the walls of state buildings.
2 - This one must assume not to have known how to protect the life of an administered.
Even if he is the subject of a complaint by his co-detainee, shortly before this unexpected arrest, for a rape which would also concern other detainees.
3- As such, his beneficiaries must be compensated.
4- We must not fear that the death of a delinquent enriches his beneficiaries. This is already the case for insured accidents.
5- The primordial question is that of public order.
6- This compensation must not burden the Public Treasury.
5) - The double procedure
1- Obsolescence
I believe that the current qualifications are enshrined in the inability of the current procedure to account for the facts and to allow a judgment which is rendered on behalf of a People and not on behalf of a party.
This obsolete procedure can only form a culprit, convict him, subsequently compensate the victims or then acquit and judicially ignore the existence of a victim who has been harshly affected by civil law.
2- The two procedures
a- This compensation divides the criminal proceedings into two distinct proceedings. One is criminal, the other is compensatory.
b- At the beginning of the procedure, the magistrate concerned decides whether the fraud is the act of a criminal enterprise under cover of legality or the excessive consequence of a legal action even carried out by faults.
c- There are other possible qualifications such as accident or suicide.
6) - The two qualifications
1- The facts receive the qualification of a criminal enterprise.
For example a racketeering organized by the police and which turns out badly.
a- In this case, the criminal procedure leads the examined to the Tribunal.
b- Compensation is the consequence of the conviction and not due to the victim.
2- The facts receive the qualification of an excessive consequence of a legal action.
For example, the crushing of a child at a crosswalk by a police car or the death of a suspect during his arrest.
a- The magistrate pronounces compensation for victims or their beneficiaries.
b- Compensation is determined outside any criminal proceedings and paid immediately.
3- Compensation does not mean that the criminal action is extinguished.
This can be sued against X to determine the chain of events and lead to reflections and forced decisions by the administration concerned, public or private.
The actors are then assisted Witnesses.
Failure to execute the judgment can lead to a criminal judgment for wrongful consequences contrary to judicial decisions.
7) - The distinction
This distinction between the criminal and the excessive does not resolve everything, but it allows:
1- To do justice to people who do not have the capacity to break legitimate administrative solidarity.
a- For example, parents initiate proceedings because their son was killed by mistake, on the road, during a military fire against an enemy agent.
b- It was democratic to compensate them instead of closing the case, after twenty years of failure of the parents to obtain a trial, by threatening them with psychiatric internment if they renew their complaint.
2- To cut short the instrumentalisation of the criminal procedure and the trial by civil parties who are in fact political parties.
a- This obsolete procedure has already put the thugs at the forefront of public mobilizations.
b- The Italian Mafia has never hoped for so much.
3 Not to allow agents of the State to fear arresting criminals on the sole ground that their actions may lead to fraud against them or that they may give rise to interpretations as to their circumstantial legality.
4- Not to classify faults attributable to state agents as an accident or suicide so as not to harm them unnecessarily.
4- It ensures judicial, and therefore public, control over administrative procedures.
Everyone stays in their place but acts.
8) - Conclusion
If the debate on the Traoré affair leads to exonerating the gendarmes and modernizing an obsolete procedure, time will not be wasted.
This distinction between the criminal and the excessive does not resolve everything, but it allows:
1- To do justice to people who do not have the capacity to break legitimate administrative solidarity.
a- For example, parents initiate proceedings because their son was killed by mistake, on the road, during a military fire against an enemy agent.
b- It was democratic to compensate them instead of closing the case, after twenty years of failure of the parents to obtain a trial, by threatening them with psychiatric internment if they renew their complaint.
2- To cut short the instrumentalisation of the criminal procedure and the trial by civil parties who are in fact political parties.
a- This obsolete procedure has already put the thugs at the forefront of public mobilizations.
b- The Italian Mafia has never hoped for so much.
3 Not to allow agents of the State to fear arresting criminals on the sole ground that their actions may lead to fraud against them or that they may give rise to interpretations as to their circumstantial legality.
4- Not to classify faults attributable to state agents as an accident or suicide so as not to harm them unnecessarily.
4- It ensures judicial, and therefore public, control over administrative procedures.
Everyone stays in their place but acts.
8) - Conclusion
If the debate on the Traoré affair leads to exonerating the gendarmes and modernizing an obsolete procedure, time will not be wasted.
Marc SALOMONE
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