----- Original Message -----
From: "salomon jawara" <[log in to unmask]>
To: "GAMBIA-L" <[log in to unmask]>
Sent: Sunday, June 25, 2000 11:53 PM
Subject: Re: FRANCE: Separate "Justice" for Blacks, Arabs
Here we can read some of human rights violations
taking place in front of our eyes on a daily basis -
by some of the worlds´ most civilized nations.
Enjoy reading it!
Thanks for sharing!
Saul S.Jawara
Sweden.
----- Original Message -----
From: "Human Rights" <[log in to unmask]>
Newsgroups: africa.news
Sent: Friday, June 23, 2000 2:25 AM
Subject: FRANCE: Separate "Justice" for Blacks, Arabs
>
>
>
>
>
>
> FRENCH CRIMINAL JUSTICE
>
>
> PATTERN OF XENOPHOBIA (fear of things foreign)
> AND RACISM, STILL WELL-ENTRENCHED IN FRANCE
>
> Recently, the European Court of Human Rights
> found France guilty of violating international
> standards on torture and fair trial, and of a
> pattern of employing excessive, sometimes fatal,
> force:
>
>
> http://www.bigfoot.com/~human_rights (AI Report 2000)
>
> http://www.amnesty.org/ailib/aireport/ar99/eur21.htm (AI 1999)
>
> http://www.jura.uni-sb.de/france/Law-France/index.html (en
> francais)
>
>
> Near the bottom of this article, please
> find (world-renowned French scholar) Professor Loic
> Wacquant's assessment of a growing Human Rights
> dilemma in France -- where foreigners comprise
> 29% of France's prison population, but make up
> only 6% of the general population.
>
> Americans figure prominently among the
> "tourists marooned in French prisons."
>
>
> ____________________________________
>
> Case of Barry . B R A I M A H
> ____________________________________
>
>
>
> African American tourist wrongfully arrested on arrival
> in France, subjected to abuse during detention, jailed
> for 20 months without trial, bail, or right to defend
> himself, and finally -- following a veritable travesty
> of a trial -- sentenced to 18 years without right to
> appeal.
>
> Barry was given a virtual "death sentence."
>
>
> I s s u e s :
>
> - Guilt by association - "association avec malfaiteurs"
>
> - Lack of presumption of innocence under "French Justice"
>
> - Inquisitorial versus adversarial legal systems:
>
> "Stacked" against the accused
>
> Defendant bears burden of proving innocence
>
> - France's failure to notify the American Embassy
>
> Violation of Vienna Convention consular agreements
>
> - Sentenced to 18 years in the Cour d'Assises Speciale
>
> Denied any right to appeal
>
> Given a virtual "death sentence"
>
> Example of excess of the state; draconianism
>
> - Response of US Govt to pleas for help:
>
> "hands tied, powerless"
>
> - France, under world condemnation for Human Rights violations
>
> By International Human Rights organizations
>
> By the European Court
>
> - Barry, arrested in 1994
>
> Soon to pass his 7th consecutive birthday behind bars
>
> - His youth robbed...
>
> If he survived to be released in 2012, he'd be 50 yrs old
>
>
> CHARGE
>
> The person that Barry was referred to in France for help with
> finding lodging, was under surveillance for suspicion
> of trafficking -- unknown to Barry.
>
> Barry walked into a police surveillance: wrong place,
> wrong time.
>
> Barry was arrested as an accessory even though he had nothing
> illegal whatsoever in his possession (only his luggage), was
> not under surveillance prior to his arrest, has no history
> of drug use or involvement of any kind (he does not even
> smoke or drink), and has never been arrested or suspected
> in anything illicit or remotely improper.
>
> Guilt by association.
>
>
> ______________________
> ______________________
>
>
>
> MESSAGE FROM THE HUMAN RIGHTS COMMITTEE:
>
> _________________________________________________
>
>
> We learned about Barry's case one year after his arrest.
>
> At that time he had lawyers, who were old acquaintances of
> a friend of his. Barry could not afford a regular criminal
> lawyer, and his family did not have the money to finance one.
>
> Roughly speaking it would have cost in the order of 50,000
> francs for starters. The lawyers who helped Barry did so
> for close to nothing.
>
> However, they were not criminal lawyers and seeing them in
> action indicated that they were really not competent to handle
> this case. They also had problems with Barry's English; they
> did not always understand what he was saying. We later
> determined that they did not have all the facts and missed
> some critical points in his case.
>
> Anyway, Barry was convicted and got 18 years. This decision was
> appealed before the Cour de Cassation, which decides only
> technical aspects of the case, not the facts. This cost
> a lot of money and produced no results.
>
> After Cassation we took all the information we had and went
> to a Human Rights lawyer who looked over the information with
> regard to an appeal to the European Court. The problem here was
> that only issues brought up during the trial could be brought
> before that court. Barry's original lawyers did not bring up
> issues we later found to be important.
>
> At that point we did get several members of the Observatoire
> International des Prisons (OIP) interested in Barry's case,
> and they still are. [The OIP is one of the Human Rights
> organizations most active in France -- in trying to improve
> prison conditions and in making appeals on behalf of abused
> prisoners.]
>
> They decided that a direct appeal to the President of the
> Republic was in order. This would ask for a Presidential
> pardon for Barry. An appeal was made and many letters sent
> to President Chirac on Barry's behalf.
>
> This request for a pardon was refused. We feel now
> that this request was a bit premature and badly managed
> on our part. We feel that the most important thing in
> France is to have a co-sponsor who is an important
> person in French politics. We did not have that.
>
> With regard to what occurs in French prisons and the
> treatment of prisoners, we feel that the Observatoire is
> a more effective group than Amnesty International. The
> latter organization tends to deal in high profile cases.
> Barry's case never attracted any attention in the French
> or American press. Next, the abuses that we feel he was
> subject to in his case were not grossly against his
> rights in comparison with others accused and convicted
> in France. In fact, from an abuse standpoint his case
> is not exceptional, probably most of the accused in
> France are treated in the same fashion.
>
> Over recent years, France has received severe criticism
> from international Human Rights organizations and the
> European Court for its worsening record of Human Rights
> violations, especially against persons of Arab and
> African descent.
>
> What makes Barry's case exceptional is that he is
> innocent. This may occur in 1-5% of the cases in France.
> But the system here is not geared to dealing with
> potentially innocent people, the presumption of guilt
> is standard. We have repeatedly distributed with
> Barry's newletters translated articles of people
> convicted or held for a long time and then having
> their case annulled on evidence or accusations that
> would not produce an indictment in the USA.
>
> In fact, the European Humans Rights Commission, and
> Amnesty, constantly bring up cases of abuse in
> France. Right now, new laws are being proposed
> before the French Assembly.
>
> Finally, a member of the Observatoire brought
> Barry's case to the European Court in spite of
> prior advice from a lawyer that we have nothing
> to claim, since claims were not established at the
> time of his trial.
>
> We should also state that the French authorities
> did not respect Barry's rights under the article
> on Consular Accords of the Vienna Convention
> which required them to notify the American
> Embassy of Barry's arrest without delay.
>
> We have made two requests to the State Dept
> on this, one directly to the Secretary of
> State, and have not yet received a response
> as to their having even received Barry's
> dossier on this matter. If the American
> Government would at least acknowledge a
> violation on the part of the French we
> might have a chance before the European
> Court on that issue at least, and it might
> permit us to open others.
>
>
> International Adhoc Committee of
> Supporters for Justice for Barry
>
> _____________________________________
>
>
> How to receive bi-monthly UPDATES and Human Rights Reports
>
>
> To receive the Human Rights Reports (newsletters)
> on prison visits with Barry, and on HR and prison
> issues in France and worldwide -- in addition
> to translations of articles on Human Rights
> that appear in the French press -- please send your
> request to:
>
> [log in to unmask]
>
> To join the Justice List set up to follow this case and
> other Human Rights issues, send a blank message to:
>
> [log in to unmask]
>
> Be sure to reply to the CONFIRM REQUEST when it
> arrives moments later.
>
>
> JOINING THE COMMITTEE
>
> If you wish to join the Human Rights Committee or to
> directly help with this case in some capacity, please
> indicate this when you write to the above address.
>
>
>
> \___ \___ \___ \___ \___ \___ \___ \___ \___ \___ \___ \___
>
>
>
> We appreciate the concern that many in the Human Rights
> community have individually expressed for Barry's plight.
>
>
> Lavanya Radhakrishnan, Coordinator-Amnesty Int'l-USA
> in Urbana Champaign, Illinois, wrote:
>
> I hope that Barry will get a chance to defend himself. I
> spent a year in France about 3 years ago, and my boyfriend,
> a Parisian of Senegalese descent, was also wrongly convicted
> of drug trafficking. He was innocent, that I was sure of,
> but the police brutalized him, and threw him in jail with no
> sight of a trial. He also experienced bad conditions in his
> prison environment, and he was denied visitation from
> anyone, even his own mother, for 5 months.
>
> However, for reasons unknown to his friends and family, he
> was released after 365 days of confinement - no trial, no
> explanation from the judicial system. Maybe there is a
> chance that Barry will be released earlier than 18 years,
> but we must all fight for him now.
>
>
> Sincerely,
>
> Lavanya Radhakrishnan
> Amnesty International-USA
>
>
> __________________________________________________________
> __________________________________________________________
>
>
> B A R R Y : The "(Still) Forgotten" American Tourist in FRANCE
>
>
> An African American tourist was wrongfully arrested
> shortly after arriving in France (accused of
> "association avec malfaiteur" - guilt by association),
> then held 20 months without trial, bail or opportunity
> to defend himself, and finally -- in an absolute
> travesty of a trial -- was sentenced to 18 years
> without the possibility of appeal...
> i.e., given a virtual "death sentence."
>
> Still a young man, and now in his 7th year of his 18 year
> sentence,
> Barry would be nearly 50 years old if he survived to be released
> in the year 2012.
>
>
> US State Department: "hands tied"
>
> Despite the fact that he is the victim of NUMEROUS Human Rights
> violations, the response of the American Embassy and US State
> Department to pleas for help, has been either mum or notably
> curt and lackluster:
>
> "The US Government cannot interfere in the judicial
> system of another sovereign power.
>
> Americans who travel abroad do so at their own risk."
>
> To help with this case, or to read background info, please go
> to:
>
>
> http://x46.deja.com/getdoc.xp?AN=619882664 (Overview)
>
> http://www.poboxes.com/JUSTICE (Click Open Letter to Chirac)
>
> http://www.egroups.com/messages/BARRY (Prison letters, visits)
>
> http://members.aol.com/FreeBarry1/index.html (Main site)
>
> http://www.artinternet.fr/gryga/barry.html (Version francaise)
>
>
> LETTER-WRITING
>
> Help with a letter-writing campaign would be welcome.
> Barry will soon pass his 7th consecutive birthday behind
> French prison bars. Cards, messages and well wishes from the
> International Community would surely help to lift
> his spirits and buoy up his morale.
>
> Prison address:
>
> Barry B R A I M A H
> 8674 B-Sud 227
> Centre Pen. de Clairvaux
> 10310 Ville sous La Ferte
> FRANCE
>
> Alternatively, messages for Barry can be E-mailed to us.
> Prisoners do not have E-mail or Web access in France,
> but we will print out your message and AirMail it to
> his address in France. E-mail your message to us at:
>
> [log in to unmask]
>
>
> WHY WRITE?
>
> French authorities monitor Barry's prison mail. Letters that he
> receives therefore will "register" on his behalf. They help put
> authorities on notice that they are being "watched" and
> will be made accountable for their actions.
>
> Generally, the more the communication a prisoner
> has with the outside world, the better he will be treated.
>
>
> THE WRETCHED OF THE EARTH
>
> For most of his time, Barry is isolated in a 6'X12' cell that is
> too cramped even for him to stretch out his 6'3" (1m93) frame.
>
> Prison conditions are deplorable, fueling a high rate of
> suicide and depression -- problems which go neglected by
> French authorities, despite unending pleas for intervention.
>
> At one point, Barry's weight dropped to 139 lbs, due to a
> prison diet virtually bereft of protein and fresh vegetables.
> Barry's meals usually consisted of no more than non-descript
> slop. Malnutrition, and consequent illness, help to fuel
> alarming rates of suicide and depression among inmates.
>
> In France, the prison population is disproportionately
> North African, Arab, black African, West Indian, Pacific
> islander, and foreign-born.
>
> France has been severely condemned by the European
> Court and by international Human Rights organizations for a
> persistent pattern of Human Rights violations against non-
> whites,
> minorities and foreigners.
>
>
> J O I N . L I S T
>
> A new list has been set up to follow this case and to
> explore what we in the international community may be able
> to do to help.
>
> Human Rights monitors who visit Barry will post to the list
> the results of their twice-monthly visits with Barry.
> Relevant articles appearing in the French press on
> Human Rights and prisoner issues, periodically will be
> translated and shared with the list.
>
> To join, send your request to: [log in to unmask]
>
> Please help make a difference for a life,
> for the price of a stamp.
>
>
> __________________________________________________________
> __________________________________________________________
>
>
> Professor Loic Wacquant, a Frenchman (of UC Berkeley
> and the Centre de sociologie europeenne du College
> de France), on the growing problem of Human Rights
> violations in France against foreigners and
> minorities:
>
>
>
> In France, the share of foreigners
> in the prison population has
> gone from 18% in 1975 to 29% twenty
> years later (whereas foreigners make up
> only 6% of the country's population),
> a figure that does not take account
> of the pronounced "carceral
> overconsumption" of nationals perceived and
> treated as foreigners by the police
> and judicial apparatus, such as the
> youth born to North African immigrants
> or come from the predominantly black
> French overseas dominions and
> territories. Which is tantamount ot saying
> that the cells of France have grown
> distinctly "colored" these past years
> since two-thirds of the 15,000-odd
> foreign prisoners officially recorded in
> 1995 originated from North Africa
> (53%) and Sub-Saharan Africa (16%).
> The "ethnonational disproportionality"
> that afflicts residents from France's
> former colonies stems from the
> fact that, for the same offense,
> the courts more readily resort to
> imprisonment when the condemned
> does not possess French citizenship,
> suspended sentences and community
> sanctions being practically
> monopolized by nationals. The
> demographer Pierre Tournier
> has shown that, depending on
> the charges, the probability of
> being sentenced to prison is 1.8
> to 2.4 times higher for a foreigner
> than for a Frenchman.
>
> ......
>
> PENAL MANAGEMENT OF POVERTY
>
> To read Prof. Wacquant's complete article,
> and to peruse a bibliography of related
> reading, please visit:
>
> http://x65.deja.com/getdoc.xp?AN=635117539
>
>
> __________________________________________________________
> __________________________________________________________
>
>
>
> Thanking you in advance.
>
>
> Sincerely yours,
>
>
> Friends & Supporters
>
>
> [log in to unmask]
> [log in to unmask]
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> .
>
>
>
>
>
>
>
>
> Got questions? Get answers over the phone at Keen.com.
> Up to 100 minutes free!
> http://www.keen.com
>
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