🚀 go-pugleaf

Human Rights Action


Issues:

    Vienna Convention-Non-Respect Issues & Consular Accords
    Inquisitorial versus Adversarial Justice System
    Guilt by Association; Absence of Presumption of Innocence
    An 18 yr sentence without appeal, a virtual "death penalty"



Concerned Friend:

You are invited to take part in an urgent Human 
Rights action on behalf of an African-American 
tourist, turned Human Right victim, in France.

You are urged to participate by joining the 
Justice List, to stay posted on developments
in this case, and to exchange ideas on what
can be done to help.

Send ANY msg to both: 

           JUSTICE@comports.com,
           101716.144@compuserve.com

with "Join Justice List" in the Subject


Here is background information:


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A M N E S T Y   &   J U S T I C E
______________________________________

...Letters with Wings  ///\_[_/\\\



re:  Barry BRAIMAH


A Troubling Human Rights Case in France: 


           "A Forgotten Tourist"

Barry travelled as a tourist to France for his first and only
time in 1994.

He was arrested on arriving in France for "association
avec malfaiteur" -- that is, for "knowing" someone
whom French police had had under surveillance for drug 
trafficking.

He was then held 20 months without bail, trial 
or any opportunity to defend himself; finally, 
he was sentenced to 18 yrs, with no right to appeal 
[by the Cour d'Assises Speciale, under so-called Pasqua
Laws].

French authorities failed to notify US Embassy staff of
Barry's arrest; staff learned of it later from an article 
appearing in a local newspaper.  While in police custody,
Barry was coerced to sign documents written in French
without the benefit of translation -- later used against
him in court.

The gravity of what happened to Barry in France 
bodes dismally for Human Rights, and must 
neither be tolerated nor ignored.

Barry's case speaks to two of the most neglected, 
troubling problems, not only in French Justice, 
but in many Justice systems worldwide: guilt by 
association, and absence of presumption of innocence.

Barry did not know that the person to whom he was
referred for help with finding lodging during his 
stay in France, was, in fact, under surveillance by 
French police.  Subsequent independent investigations
have supported Barry's innocence.

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Reports from HR Monitors in Paris

We will post to the List the reports of the 
Paris-based Human Rights Monitors following 
their visits with Barry. 

France is currently under severe criticism from
world Human Rights organizations and from the 
European Court for its worsening climate of 
Human Rights abuse.  (See the AI HR Reports on 
France, of 1994, 1997 & 1998, linked below).

Translations of French Articles

Periodically, we will share with the List 
translations of articles from French press on 
Human Rights and prison issues in France and 
elsewhere.

This will be a low volume, moderated list.

Barry was arrested and condemned to 18 years without
right to appeal despite the fact that he:

- had no drugs or anything illegal on him,
- had not been a suspect, now was he under
       surveillance, and
- has no arrest or criminal record, anywhere

This is the kind of sentence almost exclusively
reserved in France for persons of African and Arab
descent, who disproportionately comprise France's
prison population.  This is not by mere coincidence,
according to Amnesty's investigations.

Subsequent petitions (pourvoi en cassation) to the French 
gov't to have Barry's case reconsidered on the basis of
procedural errors, and persistent requests of French 
President Chirac for a pardon ("demande de grace"),
were refused.

Barry is now in his 5th year, held in semi-isolation
at the notorious, dreaded Fresnes Prison --
in a 6X9-ft cell.  

Conditions are deplorable, with no heat of any kind,
except body heat.  Barry, at 6'4" (1m95), has seen
his weight drop to 139 lbs (63 kilos), suffering from
under nutrition.

Depression and suicide are "l'ordre du jour" all
around him at Fresnes.  Recently, Barry's young
Senegalese cell mate attempted suicide by jumping
off a building -- ironically, all this happening
while Barry was visiting with Human Rights Monitors.

They say of the prison where he is:  "You check 
in, but you might not check out." 

Barry, still a young man, would be nearly 50 years 
old if he survived to be released in the year 2012.

Since May 1994, only 4 persons outside the 
French criminal justice system, have succeeded 
in obtaining the "permis de visite" necessary 
to visit Barry in prison.  Others who have 
applied have received no response from
French authorities, despite months, even years,
of waiting, and despite follow up letters and 
phone calls, to both French authorities and to the
American Embassy.

This case is virtually unknown in the international
community, but deserves attention.  Concerted actions
on the part of concerned person are encouraged, to
help Barry.

PURPOSE

The main purpose of this List will be to keep us
all informed, and to exchange ideas.

Please help SHARE information on this case with 
others.

          Writing to Barry

Please send Barry a personal message in
support of his Human Rights; help bolster his
morale.  Barry is powerless to help himself.  The more
contact prisoners have with the outside world, generally
the better they are treated, and the more they are noticed.

We will print out your message (whatever the length) and 
Airmail it to Barry at his prison address.  Write/post
a message for him at:  http://www.poboxes.com/justice,
or E-mail your message to:

             FreeBarry1@aol.com
             BarrySupport@starmail.com

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Main Websites:

http://www.egroups.com/list/barry
http://www.poboxes.com/justice
http://members.aol.com/FreeBarry1/index.html

Please read the OPEN LETTER to French President
Chirac, itemizing how and where French police erred:

http://www.freeyellow.com/members2/braimah/open-letter.html

French Press on MASS ARRESTS, MASS TRIALS in France:
http://x1.dejanews.com/getdoc.xp?AN=401425138

Read the Saga of a Dutchman who set out to "Find" Barry
http://x1.dejanews.com/getdoc.xp?AN=399961874

French Press on Human Rights Abuse (Le Monde, Liberation, etc.)
http://x14.dejanews.com/getdoc.xp?AN=431532619


  2 Deaths of Visitors in French Police Custody

For an update on the 2 deaths in France -- of
an American and a Zairian while in custody of
French police -- please go to: 

http://x2.dejanews.com/getdoc.xp?AN=416955645
http://x10.dejanews.com/getdoc.xp?AN=417329391

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FRANCAIS?

Pour la <<version francaise>>, allez a: 

     http://x13.dejanews.com/getdoc.xp?AN=338585794



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