1997 Human Rights Report: France Page 1 of 12
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1997 Human Rights Report: France Page 1 of 12 The State Department web site below is a permanent electro information released prior to January 20, 2001. Please see w material released since President George W. Bush took offic This site is not updated so external links may no longer func us with any questions about finding information. NOTE: External links to other Internet sites should not be co endorsement of the views contained therein. U.S. Department of State France Report on Human Rights Practices for 1997 Released by the Bureau of Democracy, Human Rights, and Labor, January 30, 1998. FRANCE France is a constitutional democracy with a directly elected president and National Assembly and an independent judiciary. The law enforcement and internal security apparatus consists of the Gendarmerie, the national police, and municipal police forces in major cities, all of which are under effective civilian control. The highly developed, diversified, and primarily market-based economy provides residents with a high standard of living. The Government respected the human rights of its citizens, and the law and judiciary provide a means of dealing with individual instances of abuse. Long delays in bringing cases to trial and lengthy pretrial detention are problems. Racially motivated attacks by extremists declined sharply from 480 in 1995 to 195 in 1996. The Government has taken important steps to deal with violence against women and children. Women continue to face wage discrimination. Although no killings occurred in Corsica during the year, there were over 200 bombings, many of which were politically motivated RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: http://www.state.gov/www/global/human_rights/1997_hrp_report/france.html 1/13/03 1997 Human Rights Report: France Page 2 of 12 a. Political and Other Extrajudicial Killing There were no reports of political killings. Law enforcement officers have used excessive force--particularly directed against immigrants--resulting in deaths, although there is no evidence of a pattern of such abuses. There were also a number of deaths in detention due to official negligence (see Section 1.c.). Two deaths occurred in suspicious circumstances at the hands of the police in December. A 16-year-old North African was shot and killed trying to run a roadblock near Fontainebleau. In Lyons an unemployed 24-year-old was killed during interrogation at police headquarters. The inquiry into the 1995 shooting death of 8-year-old Serbian refugee Todor Bogdanovic concluded in December 1996 with a dismissal of the charges against the police officer involved. The authorities concluded that there was insufficient evidence to take the case to trial. The victim's family has filed an appeal. Border police in the Bogdanovic case were accused of using excessive force in attempting to halt a convoy of refugees that ran a border check point. In January the judicial inquiry into the 1993 shooting and killing of 19-year-old Algerian Mourad Tchier by a police officer was passed to the Attorney General, and the policeman was suspended from active duty in March. The United Nations (U.N.) Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, in a 1996 report, cited the Tchier case in expressing his concern over what he characterized as the increasing use of excessive force by law enforcement officers. A judicial inquiry into the 1994 death of an 18-year-old Senegalese youth, Ibrahim Sy, who was shot by a gendarme near Rouen, continues. The investigation is currently trying to determine which gendarme fired the lethal shot. An administrative inquiry has been opened into the 1991 death of 18-year-old Aissa Ihich, who was allegedly beaten by police officers and subsequently died of an asthmatic attack because he was allegedly refused medication. In March gendarmes killed two homeless men who were robbing a store in Machecoul (Loire-Atlantique). The police claimed self defense, but witnesses say the men were unarmed. Two investigations were opened regarding the incident, one to investigate the cause of death of the two men, and one to determine if it was murder. In January a court convicted a former soldier, Georges Mendaille, of complicity in the attempted murder in 1985 of two suspected Basque terrorists. Mendaille was sentenced to 20 years' imprisonment. Judge Jean-Louis Brugiere completed his investigation into the bombing of UTA flight 772 in 1989 and handed over recommendations for indictments of six Libyan nationals to a grand jury. The brother-in- law of Libyan leader Col. Mu'ammar Al-Qadhafi is included in the group. Reza Mazoulman, an Iranian deputy education minister under the Shah, was shot and killed in Paris in 1996. Two Iranian nationals are suspected in the shooting: one is suspected of having fled to Iran; the other was extradited from Germany where he had fled, and an investigation is currently under way. In November 1996, the trial began of 41 Algerian extremists in connection with the wave of bombings in Paris in 1995 that killed 8 persons and injured over 170 others. Of the 41, 3 are being tried in absentia and 38 are present at the trial. The group is accused of providing financial support, false documents, and other assistance related to the bombings to Algerian extremists. Internationally known terrorist Ilich Ramirez Sanchez, also known as "Carlos the Jackal," was convicted during the year in Paris of killing French security officers and a Lebanese informant 22 http://www.state.gov/www/global/human_rights/1997_hrp_report/france.html 1/13/03 1997 Human Rights Report: France Page 3 of 12 years ago. Sanchez was sentenced to 200 years in prison. Although no killings occurred during the year in Corsica, there were over 200 bombings, many of which were politically motivated. In the Basque region, a handful of politically motivated bombings occurred, which resulted only in property damage. In June 42 Basque separatists, the majority of whom are French, went on trial in Paris. Many of the 42 were accused of terrorist violence. The courts sentenced 3 members of the Spanish Basque Fatherland and Freedom (ETA) terrorist group's "comando itinerante" to life imprisonment and 3 others to 16 years' imprisonment for their participation in 21 terrorist actions between 1978 and 1989, which resulted in 38 deaths and dozens of injuries. This marked the first time that ETA members were tried in France for crimes committed in Spain, although many ETA members have been tried in France for violating French law. France and Spain continue to cooperate to extradite ETA criminals, primarily from France to Spain. b. Disappearance There were no reports of politically motivated disappearance. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The law prohibits such practices, and the authorities punish officials who employ them. However, there were credible reports that law enforcement officers used excessive force, particularly against immigrants. Isolated instances of police misconduct occurred, but there is no evidence of a pattern of such abuses. The press reported an incident in February in which a French Communist Party supporter and his wife, both from Paris, were allegedly beaten in the Paris suburb of Val-d'Oise by several police officers claiming to be part of the extreme-right political group, the National Front (FN). The victims brought charges against the officers involved. Three police officers from Bobigny near Paris were convicted in June for a false statement concerning the alleged beating in April 1996 of an Indian refugee, Gernam Singh, but not for violence against the individual. Two of the officers were also convicted for being out of their jurisdiction. The senior officer was sentenced to 10 months in prison (sentence suspended) and a fine of approximately $800; the two junior officers under his supervision were sentenced to 15 months in prison (sentence suspended) and a fine of approximately $900 each. An administrative investigation was launched after a few dozen persons demonstrating against the FN in March in Marseille were beaten by riot police. To keep the anti-FN demonstrators away from their FN counterparts, the police, according to eyewitnesses, allegedly used excessive force by beating demonstrators and using tear gas grenades. In June the Gendarmerie launched a broad roundup of suspected pedophiles. Over 800 persons were arrested and detained, 4 of whom committed suicide after being released. The Gendarmes were criticized by human rights organizations for being overly zealous in their investigation. The trial of three Marseille police officers accused of illegal detention, premeditated assault, and theft in the 1995 beating of Algerian-French national Sid Ahmed Amiri concluded in June. The court sentenced the officers to 18 months in prison, with 15 months suspended and a fine of approximately $5,000 each. The officers were barred from active duty in the police force for 5 years. Human rights organizations criticized the court's decision on the grounds that it was not a fair punishment for the crime committed. A Bordeaux police officer accused of beating a demonstrator in 1994 was convicted in February and http://www.state.gov/www/global/human_rights/1997_hrp_report/france.html 1/13/03 1997 Human Rights Report: France Page 4 of 12 sentenced to 4 months in prison and a fine of approximately $1,000. Prison conditions generally exceed international standards, and the Government permits visits by human rights monitors. Most prisons provide opportunities for paid employment as well as recreational facilities. In its 1997 report, the French organization, the International Observer of Prisons (IOP), noted an increasing number of deaths in detention attributable to neglectful surveillance and supervision. In one case, a court found five prison guards guilty of not coming to the assistance of an inmate dying of hunger.