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Subject:
From:
kalilu camara <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Mon, 26 Jun 2000 00:54:27 GMT
Content-Type:
text/plain
Parts/Attachments:
text/plain (639 lines)
          AFRICA EXPERIENCE  PAIN LESS THAN RAIN MORE AND MORE!

MY DEAR  Friend
PAIN,
Are you the feeling of nerves being severed?
Feelings of quality despair running the souls of dying minds!
A scorn gathered by indifference or the guilt of standby apathy!
A hasty one night stand!
Most parts would rather stay away your part!
Why do you choose to stalk Africa! WHY WHY
In many forms we have gladly welcomed you!
We use you to test our fooly strength!
We smell you!
we sense your presence miles on bare foot!
We run and run we run but the faster we run from you the closer we get to
your crips!
Like a shadow you know how to stalk us throughout our lives!
We take council by your antidote ..love.. but you always know how to   send
her away from our presence.
We sniff you
we loat you
we shake hands with you
We feed you to each other
We feed you to our young
we worship you
we call you master
we give you titles to appease your hunger
we kiss your feet!
we swear by you
we lie with you
we fondle with you
we interact with u so much
we are you you are us
we are in you you are in us?
Leave us alone
Let us be
Let go of pain?
Let go of adversary but how?
How can we live like that that is too new!! But
Must we hurt each other for the sake of pain!
We can use a little pleasure here and there to manage cronic pain,yes?

>From: kalilu camara <[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 GMT
>
>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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