mercredi, décembre 07, 2022

07.12.22, Afghanistan-2, two letters to the prosecutor, Presentation and jurisprudence

Translation, google translate

The French text is the reference


1- Cover letter 

 Marc Salomone / salomone.marc@neuf.fr / Blog: madic50.blogspot.com (censured) / Book: The two forms, ed. Amazon.

Paris, Wednesday, June 8, 2022

Text of June 8, 2022, on the document relating to the facts of Afghanistan

Madam, Sir Public Prosecutor,

I am sending you this reflection, which has the value of a citizen complaint on a document produced verbally by the journalist Sorj Chalandon.

All my life I have worked in domestic or industrial cleaning.

This is probably the reason why I noticed this door half-opened by this journalist on a sequence of the human waste disposal site.

I can only point it out to you.

For me to get a court-appointed lawyer, you need your commitment to action.

The dignity of Afghan women obliges us.

They are fully entitled to subsequently join the legal action. It still has to happen.

Thanking you for your attention and looking forward to reading from you,

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

Marc SALOMONE

retired worker


2- Case law 

Marc Salomone / salomone.marc@neuf.fr / Blog: madic50.blogspot.com (censured)  / Book: The two forms, ed. Amazon.

Paris, Monday, June 20, 2022


For: PROSECUTOR OF THE REPUBLIC


Subject: Reflection on the elements of case law supporting the complaint filed on June 8, 2022 and entitled "For the so-called Living Walled Trial to take place".


Madam, Sir, the public prosecutor

1)- Jurisprudence

Le Canard Enchaîné, of Wednesday June 15, 2022, p5, publishes an article under the title “Yemen: our gun dealers in the sights”. See below.

First of all, for the count of complicity to be retained, this article recalls that in September 2021, the criminal division of the Court of Cassation ruled that it suffices:

"that the perpetrator of the offense has knowledge that the main perpetrators are committing or are about to commit a crime against humanity and that by his aid or assistance, he facilitates the preparation or the consummation of it".

It is exactly within this legal framework that the formalization in principle of their action by the journalists present during this discussion of 1992 falls within.

They do not dispute the criminality of the action of the Mujahideen as posed by their interlocutors, they claim their alliance with these people, they justify it, but they dispense with the legal consequences of it by arguing the necessities of a fight which would be superior to the particular concerns of their allies.

In fact, this fight, at this time is an empty shell. It no longer has any consistency; the Soviet troops having left, the Soviet Union having disappeared, the government having proposed to form a government of national unity led by Commander Massoud, one of the Mujahideen leaders.

Nothing remains but :

1- The desire to impose the government of the Mujahideen, which the women specify is based on the fracturing of the unity of the sexes guaranteed by the government in place. That is to say on the crime against humanity.

2- The enslavement of women, or crime against humanity, as a means of combat, of unifying combatants, of defining the aims of war, in other words the creation of crimes other than the violence specific to war; that is, the war crime.

2)- The two examples

This complicity is all the better established by the two cases cited in this article: a- the Lafarge case law b- the complaint presented by eminent lawyers against French companies supplying arms to governments at war and which refers to this case law.

Let's look at the technical side of these considerations:

1-Lafarge

In the case of Lafarge, on May 18, the Paris Court of Appeal confirmed the indictment for complicity in crimes against humanity and financing of a terrorist enterprise by the cement manufacturer, suspected of having paid, via its subsidiary Syria, millions of euros to the Islamic State in exchange for the continuation of the activities of its factory in Jalabiya.

It's a company that has a factory in a war zone and pays money to terrorists to continue the company instead of closing it.

The Lafarge company did not set up there to finance Daesh.

It has no ideological ties or political solidarity with these terrorists.

The court implicates him in the crimes of Daesh for the sole fact of having paid him a Piso; a protection annuity imposed by all mafiosos.

2- Arms companies

a- Yemen

These arms companies supply states regardless of the use they make of these weapons.

It is these states that are at war in Yemen against Iran, regardless of their purchases from French or other arms companies.

The article does not mention any acquaintance of the said companies with the governments concerned in the decision and the conduct of the war.

The complainant associations rely solely on the fact that the weapons that kill were produced and sold to these States by these companies.

There too, they are not imputed to any ideological link or political solidarity with the said States and their political lines.

This complaint stems from the political calculation of these associations which want to prevent or stop wars by stopping the arms trade.

It is a laudable project but the specificity of which the court will have to assess.

b- Ukraine

The newspaper reports the remarks of one of the plaintiffs “In Ukraine, notes Rachid al-Faqih (Mwatana), a mechanism for investigating the abuses of the Russian army was implemented immediately. With us, nothing. Do our victims deserve less compassion?

Yet there is more than one Putin in Yemen. »

a- This reasoning does not apply to arms companies because precisely, these are not at all in the situation of the “Russian army”.

b- The embedding of this point of view in the complaint by the lawyers introduces an effect of moral hysteria and argumentative incoherence which questions the merits of this complaint and the court will have to respond to it.

3)- Journalists

The latter were not seized by the war in Afghanistan when they were present there for information on crops or roads.

The women establish that they are not neutral war correspondents, information professionals, who would be caught in the symbolic fires of combat. They are expressly in Afghanistan to support with information a rebel fight against the legal government.

They voluntarily support the Mujahideen on the grounds of overthrowing the government.

The fact that in 1992 they maintained their support for this military combat when its objective motives, regardless of their value, had disappeared, clearly indicates that they fully assumed, at least at this time, the disappearance of the military pretext and the hypertrophy of the criminal administrative program.

Faced with a government that offers the post of Prime Minister to one of the Mujahideen Chiefs for the formation of a government of national unity: a- they establish in 1992 and for the following years that the negation of the humanity of women as a means of organizing society is the only program of government that suits them.

b- they are therefore directly, formally, voluntarily, allied to the perpetrators of the commission of crimes against humanity. In doing so, they participate in a public practice of war crimes.

To compare their position with that of the two examples cited by the article:

a- Journalists are in the (imaginary) situation of Lafarge which would build a factory to support Daesh.

b- They are in the situation (imaginary in this case) of arms companies that would teach Saudi executives how to place their weapons on the Yemeni battlefield.

Legally, they may not be innocent but accomplices according to the case law of the criminal division of the Court of Cassation of September 2021.

4)- Tradition

On Friday, June 17, a report broadcast on several channels shows a massive return to the sale and purchase of children.

Girls are sold, not boys. They are at age 9 for the sexual needs of older men; 56 years old in the example.

This practice is obviously millenary in certain territories of the globe.

The principle is that a girl is marriageable from the moment she has her period. Molière in the 17th century does not say anything else.

This, however, has nothing to do with a Tradition.

It is a current response to the questions of the relations between the sexes posed by modernity.

These people are just as aware of the current rules as any of the Western journalists or Mujahideen who have come to organize or support their take up arms against the emancipation of women and the expropriation of warlords. They do what they want but they report their crimes.

5)- The precedent and the recidivism

The reference to past practices is not a return to a Tradition. It establishes the recidivism of a Precedent.

It's not cultural, it's criminal.

For example, if homeowners in Missouri, USA, spoke out for commercial freedom to buy and sell people, no one would seek to call that a return to a Tradition. This would be legally qualified as the repetition of a precedent. This claim and his actions would qualify and be tried for a present crime.

The only reason why some are taken in by the argument of Tradition is that they themselves come to Afghanistan, or elsewhere, to breathe in the intoxicating perfume of a past which no longer survives except in their gamy imagination.

6)- Next

These reports, these literary and journalistic rants, are inscribed in the reverse manipulation of Afghan women as I described in the June 8 complaint.

It is just a question of using the fate reserved for these women to preserve the room for maneuvers of democratic governments in the international control of the Islamist effect of the Taliban; to prevent it from spreading.

It is a democratic reiteration of the subordinate status of women; bis-repetita.

7)- Conclusion

This blocking of political leadership is an opportunity for the law, which is left free to qualify this crime and to judge it.

Women haven't stopped saying it since that 1992 conversation: attacking them, putting them down, contesting their human rights, is not a culture, a religion, a Tradition. It's a crime.

The crime is explicit since this conversation of 1992, continuous. It is officially, by the opinion of the governments, topical.

It is therefore relevant to ask the courts to rule on the harm done to women by the implementation of a criminal policy, and specifically criminal policy, by groups and their supporters who are expressly involved in the commission of the crime.

Marc SALOMONE


The Chained Duck, p5, 15.06.22

Yemen: our cannon dealers in the sights

Will Justice seek butts from our best cannon dealers?

On June 2, three associations – the European Center for Constitutional and Human Rights, Sherpa and the Yemeni Mwatana for Human Rights – filed a complaint with the Paris court, with the support of Amnesty International.

In their line of sight? Three flagships of the French military industry, singled out for their possible complicity (via the delivery of equipment) in war crimes and crimes against humanity committed in Yemen.

These companies are well known: they are Dassault (combat aircraft), Thalès (Damoclès and Thalios guidance systems) and MDBA France (Storm Shadow and Scalp missiles).

Their playthings are called upon to expand the arsenals of their Privileged customers, Saudi Arabia and the United Arab Emirates.

These states lead a coalition which, alongside government forces, has been fighting Shiite Houthi rebels (backed by Iran) since March 2015 with indiscriminate air strikes.

Result: nearly 400,000 dead (mostly civilians, and victims primarily of famine and epidemics), millions of displaced persons, not to mention the homes, schools and hospitals destroyed.

In short, “The greatest current humanitarian catastrophe”, according to the UN.

Admittedly, a truce was renewed at the beginning of June for a period of two months.

But, during the lull, which is moreover precarious, the arms export trade (permitted by government authorizations) continues.

“In Ukraine, notes Rachid al-Faqih (Mwatana), a mechanism for investigating the abuses of the Russian army was immediately implemented.

With us, nothing.

Do our victims deserve less compassion?

Yet there is more than one Putin in Yemen. »

Despite the efforts of a handful of outgoing deputies – including Jacques Maire (LRM4) and Michèle Tabarot (LR) – demanding the establishment of parliamentary control over arms sales, Paris, faithful to its tradition of opacity, brandishes, like an automaton, the sacrosanct "secret defense". A bit short...

As early as August 29, 2018, and in a dozen subsequent articles, "Le Canard" had revealed the reality of French co-belligerence, supported by Mirage 2000s, Leclerc tanks, ships (corvettes) and cannons sold to countries of the coalition.

In April 2019, the Disclose site revealed the content of a note from the Directorate of Military Intelligence, dated the previous fall, confirming the use of these weapons in the Yemeni theater.

This is why the plaintiffs invoke the Lafarge precedent.

On May 18, the Paris Court of Appeal confirmed the indictment for complicity in crimes against humanity and financing of a terrorist enterprise by the cement manufacturer, suspected of having paid, via its Syrian subsidiary, millions of euros to the Islamic State in exchange for the continuation of the activities of its factory in Jalabiya.

For the count of complicity to be retained, the criminal chamber of the Court of Cassation had ruled in September 2021, it suffices:

"that the perpetrator of the offense has knowledge that the main perpetrators are committing or will commit a crime against humanity and that by his aid or assistance, he facilitates the preparation or the consummation of it"

Regarding Yemen, Dassault, Thalès and MDBA would be the only ones to ignore the use made of their beautiful equipment...

Jerome Duck





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