My Dear ,
I may not enjoy reading this so iam not!This much i know one wrong in europe
dont make two wrongs right in Africa!
Thanks for your infor, karl
>From: salomon jawara <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: FRANCE: Separate "Justice" for Blacks, Arabs
>Date: Sun, 25 Jun 2000 23:53:48 +0200
>
>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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