----- 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 > ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------