WORLD WORLDWIDE FRANCE News Journal Update - (en) France, OCL CA #335 - CASE OF DECEMBER 8, 2020: Resistance to judicial harassment (ca, de, fr, it, pt, tr)[machine translation]

 

This long trial, the opening of which we reported in CA No. 334, ended
on October 27 after 16 days of hearings spread over almost a month. We
will only note a few points here, emphasizing the indictments and
pleadings. ---- On Wednesday, October 4, the president of the court
announced that the hearings would take place from the 4th to the 19th,
with the prosecution's requisitions on the 20th, the pleadings on the
24th and 25th and that the judgment would be rendered on the 27th.
Finally, the hearings longer than expected brought the end of the
pleadings on October 27.

4 and 5 focused on the personality interrogations of the defendants, a
very intrusive dig into the personal history of each person in terms of
private life and activism. The day of the 6th already addresses the
question of the manufacture and testing of explosives by S who is a
pyrotechnician at Disneyland and for films and shows. It will allow
lawyers to highlight absurdities in the accusation. For example, a
listening transcription reports "hammer noises" which then become
"bursts of gunfire" in a surveillance report from DGSI agents (1) (taken
up by the PNAT (2)). Or even a photo of a "suspicious package" which
contained a metal shelf kit.
On October 10, the lawyers again asked to be able to hear (anonymously)
the DGSI investigators who refused to respond to the summons. This is
the subject of a bitter procedural battle and a priority question of
constitutionality. The court retires for 3 hours to debate the subject
before deciding that the question is admissible but that the answer is
negative because the request "lacks seriousness". The president
indicates that the defense will be able to appeal this refusal at the
same time as the appeal on the judgment of the case.

On the 11th, the court decided to change the program and question all
the defendants about experiments in manufacturing homemade explosives
(rather large firecrackers than weapons). This is an opportunity to
identify new inconsistencies in the transcriptions of the wiretaps.
"Ballistic glasses", to protect the eyes during airsoft games (3),
become "ballistic vests" when transcribed by the DGSI, then "explosive
vests" for the PNAT! The lawyers point out that of the enormous quantity
of recordings made in the premises and vehicles of the defendants as
well as their telephone conversations, only 0.72% were transcribed to
contain certain incriminating elements - we have just seen above how
wrong they can be.
In the evening, the testimony of the explosives expert who worked on
some seals and written transcriptions of recordings, extrapolating on
potential uses, will be torn to pieces and ridiculed by the lawyers.
Some examples: it shows on a slide the damage that could have been
caused by an explosion of 20kg of ANFO (4) at Place Vendôme (5),
although 258g was found; the expert concludes that two defendants
manufactured TAPT (6) even though it was not mentioned in the wiretaps
or in the products seized; he cites, among the objects seized that could
be used to prepare explosives, pans, even though no trace of chemical
product was found on them.
On the 12th, the interrogations continued on explosives, before moving
on to weapons and airsoft games. Above all, we can remember that the
attempts to make firecrackers were really made in a fun (7) boredom
context during confinement, in April 2020. There was no conversation or
attempt to make them between this date and the arrests on December 8. No
need to dwell on weapons, some are hunting or sport shooting weapons
declared and held with a permit; others are not declared, but are
without ammunition. On the practice of airsoft, a lawyer will point out
that 45,000 people in France play this game. This theme of real and
fictitious weapons will occupy the debates until the end of the
afternoon of 10/19. On several occasions the lawyers will attack on the
one hand the quality of the expertise and on the other hand the means
implemented by the DGSI to obtain certain statements in police custody.
They will not obtain access to all of the sound recordings or to the
police custody videos.

The two witnesses heard on the evening of the 19th, a teacher-researcher
and a former volunteer, will shed light on the situation in Rojava and
the ideas of the volunteers who fought there with the YPG.
Then among the important points, there are the interrogations of each
defendant on their use of more or less secure means of communication and
computer tools (8). The DGSI and the PNAT fantasize a lot about the
possibly criminal use of these tools. A witness, a specialist in
computer security and member of Quadrature du Net, will put these
fantasies to rest by explaining that this is the minimum to protect
one's private life as recommended by certain public organizations
including the CNIL.
Another witness, who worked for 18 years for ACAT, spoke about the
conditions of detention and the effects of the isolation suffered by the
main accused, an isolation which was condemned in an administrative
court. The judges are disturbed while the prosecution pretends not to
hear anything.

Let's move on from the prosecutor's attempt to link the defendants to a
revolutionary project involving attacks. Among the thousands of
pamphlets and activist texts found on the computers of certain
defendants, the one which particularly attracted his attention (and from
which he will read large extracts in his indictment), is The Sun Always
Rises, subtitled "Critique and diffusion for a new armed urban
guerrilla", translation of a text written in prison in 2011 by members
of the Fire Cell Conspiracy (9).
Finally, for the prosecution, if the threats against the police or the
banks can pass as empty threats, there was necessarily a particularly
serious attack plan: against the President of the Republic on July 14
2020. The only problem is that apart from a plan of the July 14 parade
vulgarly tagged (10), there is no trace of preparation and no presence
of the plotters in Paris on that date.

The prosecutor's indictment took place on November 25. Obviously he
spoke out vigorously against the defense's attempts to discredit the
work of the DGSI. He linked the accused to the ultra-left, citing its
different forms of action: Zad, black blocks... He claimed that F went
to Rojava more to train in the use of weapons than to fight against
Daesh. He reviewed all the far-left attacks from that against Sadi
Carnot to the Cellules de Feu, including the Red Brigades, the Red Army
Faction and Action Directe.
Then he attacked the lawyers who are on the same line of defense (for
him, if the lawyers collaborate with each other it clearly shows that
the defendants are associated), raise irregularities and challenge the
expert, then he accused the supporters of the accused who set up blogs
and denounced the conditions of pre-trial detention, and finally he
attacked the journalists who "share the same ideas" (as the accused) and
turn a blind eye on their actions.
Then the prosecutor defends the qualification of criminal terrorist
association (AMT) while rowing to justify that even if it does not quite
fit into the framework, it is indeed one. There is indeed a group formed
or an agreement established even if it is not a structured group and if
some do not know each other. There are many material facts: the
firecracker tests, the airsoft game, a theft of fertilizer and the
encryption of their communications. He will not return to one of the
essential points of the AMT offense: the preparation of acts such as
assassinations or murders since there is none. Finally, the desire to
seriously disturb public order stems from militant literature and the
links established with the Kurdish resistance (all terrorists for him).
Finally for the trial, an accusation of AMT does not require precise
demonstration, only knowledge of the purpose is sufficient. It is not
necessary to prove ideological adherence.
Following this first part, the prosecutor (11) will recall the
chronological details of the "facts" and the charges against each
accused. She pronounces the requested sentences which range from 2 years
of imprisonment with a simple suspended sentence to 6 years of
imprisonment with a deferred committal warrant, plus 3 years of
suspended sentence. In addition, two of the defendants face a fine of
EUR1,500 (refusal to give the code of their telephone) and the trials
request a ban on possession of weapons for 10 years for all as well as
their registration with FIJAIT (12).

During 2 days of pleadings, the 12 lawyers for the 7 defendants were
able to demolish the entire accusation. Contrary to Darmanin's statement
who said, shortly after the arrests: "the DGSI foiled an attack against
the police", there was no group, no planned attack and no means
implemented. These two days will serve in a beautiful complementarity to
demonstrate that there is nothing against each accused, nor the
existence of a group or a project.
All the lawyers logically requested the complete release of their
client, and obviously non-registration with FIJAIT. At the end of the
trial, the defendants were able to express themselves again, clearly and
decisively.

The judgment was postponed until Friday December 22. The attitude of the
court throughout the trial seemed to go in the direction of the PNAT. We
can hope that the inconsistencies noted by the lawyers have succeeded in
putting doubt in the minds of the three judges.

AD, Limoges, 21/11

(1) General Directorate of Internal Security
(2) National Anti-Terrorism Prosecutor's Office
(3) Game with weapons and plastic balls
(4) Mixture of amonitrate (fertilizer) and fuel
(5) As if by chance, he chose the place where the Ministry of Justice is
located!
(6) Triacetone triperoxide, powerful and unstable explosive
(7) Watch the video of the casting of a mini wooden boat:
https://soutienauxinculpeesdu8decem...
(8) It can be an installed (Linux) or removable (tails key) operating
system, an email manager (Riseup), a digital address protection tool (
VPN), a search engine (Tor), an encrypted messaging application (Signal)
(9) Greek anarchist insurrectionist group which carried out attacks in
2008-2011
(10) Of a penis!
(11) Let us recall that in this case the prosecution is represented by
two trials.
(12) File of perpetrators of terrorist offenses: registration for 20
years including 10 years with obligation to report movements and
reporting obligations

http://oclibertaire.lautre.net/spip.php?article4018
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