News:
15th February, 2011: The appeal of Feb.11th was rejected by the chamber. Following this decision, a request has been deposited at the court of cassation.
Despite this letter from the justice ministry (in french),
one can doubt about the so called "independence" of the French justice
(at least at the instruction chamber level) and about the success
chances of the defence. Indeed, in some so called "signalled" affairs,
it seems that the justice department is consulted prior to any
decisions taken by the court (See for instance this paper (in french) from "Le Monde" http://libertes.blog.lemonde.fr/2010/11/30/comment-le-pouvoir-intervient-dans-les-affaires-judiciaires/).
Another possibility is that despite lack of evidence of any criminal
intent, the judges do not dare to take a decision and close the
procedure, and let the upper step (here the Court of cassation)
decide. In any case, such a long and inefficient procedure against an
isolated citizen is very hard to understand and to accept. Lets finally
remind that in january 2011, the Swiss court closed the justice procedure against Adlène for lack of any material evidence.
11th February, 2011: a
new appeal was debated by the "instruction chamber", following the
decision of the judge of liberties and detention on january 27th to
keep Adlène in jail.
10th February, 2011: Following
our previous letters to the French republic president and to the
ministery of justice, we received from the latter a rather long answer wich you
will find here.
8th February 2011: The appeal of Feb.4th was rejected by the chamber. Next appeal on Feb.11th. Following this decision, a request has been deposited at the court of cassation.
4th February 2011: Today the case of Adlene was debated at the
“chamber d’instruction”. A decision is
expected on 8th February. Another appeal at the “chamber
d’instruction” following the JLD decision on january 27th
(see below) should be debated on february 11th.
27th January 2011: The
detention authorization has been renewed for 4 months by the Judge of
liberties and detention (JLD) after a pretence at a debate. The next important date is the 4th
February, when the case will be presented to the “chamber d’instruction”. Note that each release request proceeds in
three stages
1) Presentation to the “Juge des
Libertes”. In general this step rubber
stamps the decision of the “Juge d’instruction” and is an independent stage in
theory only.
2) If the detention period is prolonged,
presentation to the “chambre d’instruction” (3 Judges). The lawyer must provide a legal argument
consisting of a dozen pages and the court returns a decision (up until now
consistently negative).
3) In case the request is again turned
down, there is the opportunity to appeal to the French Supreme Court (“Cour de
Cassation”). Up until now Adlene has
not resorted to this option, because a new lawyer is required which implies
considerable expense. However, as
Adlene has no income, he is entitled to 1 instance of legal aid and therefore
could automatically proceed to this step in case of his appeals being turned
down.
- The procedure of 27th January
is the 1st step of the Nth request (I think that N=12) and is the
legally required step which forms part of the 4 month renewal of the detention
authorization. Other release requests
are regularly lodged by Adlene and his lawyer.
- The procedure of the 4th of
Feburary is the 2nd step of request N-1
27th January: letter from the support network to the “Juge
d’instruction”
27th January: Documentary filmed by FR3 forming part of
the 12 am regional news segment (Rhone Alpes) at the start of next week. See also the FR3 Alps website. At the same time a report will be aired on
Canal+ (4th channel) at noon, but the date is not yet known.
The
initiatives so far taken by the support network:
- Press release announcing the formation of the
network
- An article in Nature to announce the formation of the network and alert the scientific community to
Adlene’s situation
- An appeal to join the network in the personnel personnel Bulletin (HELLO)
- A letter letter
to the French Physical Society (SFP) and also addressed to the wider community
of interested people (english version here).
- A letter to judge Christophe Teissier, who is charged with the inquiry
- A
letter to
president Sarkozy and to the justice minister. English translation of these two (identical) letters can be found HERE thanks to the work of Paula Collins. (NEW)
These letters have been copied
to the judge and lawyer, and in addition to the presidents of the various
French parliamentary groups to alert them to the prolonged
detention of a person without charge and without material evidence.
- Moral support to Adlene in the
form of visits to Fresnes or personal letters
The principal objective of the support
network are to denounce an unjustified detention, to request the released of
Adlene to allow him to recover physically and mentally from his ordeal, and to
defend himself in the eventuality of a trail.
Conforming to Adlene’s wishes, the support network wishes to keep
discussions with the press based around the fundamental concepts and not
focusing on individuals. The support
network denounces unfounded and unproven allegations against Adlene.
Thanks to Paula Colllins for the translation(s) in english
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