mercredi, décembre 07, 2022

07.12.22, Afghanistan-4, European case law (Sweden and France)

 Translation google translate

The French text is the reference


 Marc Salomone / marcsalomone@sfr.fr / Blog: madic50.blogspot.com (censored) / Book: The two forms, ed. Amazon.

Paris, Monday July 18, 2022


For: Mrs Laure BECCUAU

PROSECUTOR OF THE REPUBLIC OF PARIS


Subject: Contributions of journalistic investigations and European case law (Swedish and French) to the complaint of June 8, 2022


No. Ref. : Complaint of June 8, 2022 / supplement of June 20, 2022 and July 8, 2022.


Madam Public Prosecutor

1)- The contribution of journalism

1- The legal fact of slavery

On the subject of Afghanistan, Le Canard Enchaîné of July 13, 2022, see below, echoes an investigation by El Pais, a Spanish newspaper, relayed by Slate, concerning the slave economy, organizing the sale and the purchase of human beings, produced by the policy of disqualifying one sex for the benefit of another.

On this occasion, the survey confirms that of the World Bank establishing the link between slavery and the dropout of women.

These two policies are inseparable from the fracturing of human unity established by the complaint of June 8, 2022.

2- The choice

In 1992, each Afghan party was faced with the choice of a voluntary renewal of ancestral, feudal social and administrative relations, or that of the democratic evolution of the entire administrative and social system.

The discussion recounted by the journalist Chalandon shows that the Mujahideen were not part of a cultural continuity to lead a so-called national liberation struggle which, justified or not, had no longer any pretext in 1992.

They used a chimerical representation of this struggle to base modernity on the fracturing of the unity of the sexes under cover of a hypertrophy of the most obscurantist rules of tradition, their industrialization.

During this discussion, the women put the Western journalists and graduates who participate in the adventure of the Mujahideen before the recognition and qualification of the criminality of this political line.

This is what establishes in law the qualification of their participation in the crime against humanity which is this fracturing of humanity and in the war crime which is the use of a civil criminal activity on the pretext of a war activity which in any case, in 1992, no longer had any real and therefore legal basis.

2)- Continuity

Social activity based on the slave trade asks two questions:

1- The link between 2022 and 1992.

A recent television documentary on Bin Laden shows Molard Omar, leader of the Taliban, receiving Bin Laden in 1996 (after the Taliban's victory over the other Mujahideen).

He tells him: You fought with the Mujahideen. So you have your place in Afghanistan.”

In the same documentary, the grandson of Commander Hekmatyar (illustrious Mujahideen) tells how his grandfather saved Bin Laden and his men by allowing them to flee the victorious attack of the enemy.

The distinctions between the two movements are subordinate to their unity.

Both are part of the same strategic continuity. Some are warlords, others are religious bureaucrats. The enslavement of women is their national commonality.

Faced with the citizenship imposed by the Communists until 1992, then partially by the Americans from 2001 to 2021, their program is the same: to preserve the ancestral administrative forms dedicated to feudalism and based on the domination of one sex over the another and use them as support for an administration of a modern country with its own policy of openness to the world (even if it does not follow Western codes).

2- The example of slavery

The sale and purchase of women and children has existed since the dawn of time in Afghanistan.

But current slavery does not stem from this tradition.

It was produced by the voluntary renewal of the latter in 1992 by the Mujahideen as well as by their Taliban branch and endorsed by their Western civilian accomplices under the pretext of respect for traditions and non-interference.

In 1992, the slavery of some of the women and children was already an integral part of the administrative package of the Mujahideen, known as Tradition, with which were associated the interlocutors of these women quoted by the journalist Chalandon and their ilk.

In 1992, journalists knew that these practices were not a past to be erased but a future to be guaranteed.

3)- Journalists

This news article reminds us that they know:

a- art. 1 of the Declaration: “Art. 1st. Men are born and remain free and equal in rights. Social distinctions can only be based on common utility. »

b- The Abolition of 1794 or 1848.

They therefore could not ignore that people who register against these rules are criminals who cannot be supported in their action without this leading to legal complicity.

4)- The magistrates

European justices have all the means to study publicly, honestly, professionally, the possible crimes committed by their nationals abroad when they contribute to the legal fracturing of humanity.

They can also try foreign criminals for crimes committed at home insofar as these are based on principles publicly contrary to the principles of international law.

This jurisprudence formed by Universal Jurisdiction can only be understood in the long term by its impartiality.

It judges foreigners targeted by Western states because it is also capable of judging nationals supported by them.

5)- Jurisprudence

I report here on the activity of the European courts with regard to "universal jurisdiction".

1- Sweden

On July 14, 2022, a Swedish court sentenced a former Iranian prison official Hamid Noury, 61, to life for his role in the mass executions of thousands of opponents by the Iranian regime in 1988.

he had acted after a fatwa from the Supreme Leader of Iran,” Ayatollah Khomeini.

This is a first in the world.

the complaint was investigated under the principle of "universal jurisdiction" allowing Sweden to prosecute alleged perpetrators of crimes against humanity and war crimes, regardless of their nationality, that of the victims and the country where they took place facts.

2- France

On December 16, 2021, Claude Muhayimana, 60, former driver of a hotel in Kibuye in Rwanda, a refugee in France, was sentenced to 14 years in prison by the Paris Assize Court.

He was charged with "complicity" in genocide and crimes against humanity for "knowingly aiding and assisting" militiamen by repeatedly transporting them to the scene of massacres.

The prosecution provided this jurisprudential precision: "What definitively defeats the argument of duress is the duration and frequency in the service of genocide; it is a man who responds".

The continuity of presence in the crime when it cannot be ignored for what it is constitutes a guilt of voluntary participation.

3- The UN

The High Commissioner for Human Rights, Michelle Bachelet, on Friday (July 15th) hailed the "historic" conviction by Swedish justice of a former head of an Iranian prison for his role in mass executions.

“States should make use of universal jurisdiction to ensure that serious crimes are punished and to uphold truth and justice,” Michelle Bachelet said in a tweet from her office.

These examples constitute case law and an argument against the evasions of the incriminated persons not to answer for their presumed faults on the pretext of the strangeness of their positions.

6)-Conclusion

As the article in Le Canard Enchaîné states, "The international pressures do not seem to move them unduly. »

On the contrary, they give them an aura of martyrs, persecuted, resistance fighters.

Only judicial qualification will prohibit confusing Tradition, economic backwardness and crime.

It will reorganize the complex international relations of these criminals, their movements around the world, and will weigh inexorably on their ability to prolong the crime.

It will legally arm the victims and the democrats.

Afasana, 8 years old, and Afshin, 3 years old, sold, are waiting for the opening of this procedure and the judgment that will follow to see the meshes of the net that enslaves them come undone.

They can still be free.

Thanking you for your attention and remaining at your disposal,

Please accept, Madam Public Prosecutor, the assurance of my best regards,

Marc SALOMONE


PS: girl child slavery

Kabul in the belly

The Chained Duck, 13.07.2022

HER name is Afasana.

She is Afghan. she is 8 years old and will soon get married.

She is very lucky, Afasana, because her future husband, who bought her for 2,300 euros from his debt-ridden father, has promised to let her go to school. Finally, perhaps, must see.

And then, he is only 25 years old, he could have been old, and the child hopes to eat twice a day, if his in-laws are willing, says "El Pais", relayed by Slate, who devotes a investigation into the sale of young girls in Afghanistan.

Afasana may be able to go to school... provided the schools reopen. Because the start of the school year, initially scheduled for March, has been postponed.

Impossible to know when the Taliban power will announce the reopening of schools for girls, if reopening there is.

International pressures do not seem to move them unduly.

Some northern provinces, such as that of Faryab, distinguish themselves from the central power by sending girls to study. but the phenomenon is limited.

Rule. for lemmas. it is illiteracy and repeated maternity.

A World Bank report released in 2016 revealed that barely one in five could read and write.

Sometimes Afasana plays with Afshin. Every night since she knew she was sold. She's crying. Afshin is 3 years old. Her father sold her, too, but she still doesn't know.

A.-S. Mr.






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