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Seven members of the CCAT were sent to pretrial detention in France on Saturday after about a dozen figures from the independence movement were accused of orchestrating the unrest that has rocked the archipelago in recent weeks, an extraordinary deportation measure that has sparked questions among defense and human rights activists.
Seven members of the Kanak National Front’s field operations coordination group CCAT arrived in France this Monday for pretrial detention as part of the ongoing investigations in the archipelago. On Saturday, independent representatives, including leader Christian Thein, were brought before the judge of liberty and detention in Nouméa. They are suspected of having masterminded the violence and roadblocks of recent weeks. At the end of the closed hearing, seven of the 11 arrested were informed that they were being held in pretrial detention in France. Their transfer took place immediately, during the night between Saturday and Sunday. “The question of location was not raised until the end of the hearing and people were taken directly to the airport.Odile Macchi, head of the investigations department at the International Prison Observatory (OIP), recalled. “This has never happened before, it’s very intense, it hasn’t happened since the New Caledonian civil war, so it obviously brings back painful memories.”Nathalie Tehio, president of the Human Rights League, explained.
“These people are considered innocent, they are not tried, so the principle is freedomNathalie Tehio reckons. The New Caledonian lawyer based in France took office as president of the Human Rights League less than a month ago. If she had been refusing to take up New Caledonia’s case, now the story is catching up with her “We can ask ourselves the question of the necessity of pretrial detention for those who publicly call for calm.”, asking lawyers about the activists’ situation. In fact, Christian Thein called for calm just days after the violencewhich came after the passage of a law aimed at unfreezing New Caledonia’s electorate in provincial elections, which had been ineffective since the dissolution of the National Assembly.
After 96 hours of police detention in Nouméa, the investigating judge in charge of the investigation requested their release before the Liberty and Detention Judge. “If they are detained by the police for a long time it is because it is considered organised crime and in this case there is a risk that they will be detained for longer.” The lawyer explained: “Special teaching conditions, like the personal data of some of the participants.
Brenda Wanabo, a CCAT communications officer who was transferred to Dijon prison, left her three children, the youngest being four, in New Caledonia.“All the mistakes in crisis management were caused by the judiciary”Her lawyer, Maitre Gruet, believes that and he made it clear that his client never called for violence. “Sending them more than 17,000 kilometres is still an extreme measure,” Judge Nathalie Tehio recalled that their lawyers are still in the islands and the investigation is still continuing in Noumea. “Violation of fundamental rights, especially the right to protect the family Odile Macchi of OIP estimated.
The defense of the activists must therefore be organized at a distance. The investigation specifically targets the actions of criminal gangs, armed theft by organized gangs, conspiracy to murder or attempted murder of persons holding public power. But the prosecutor did not specify the charges.
“Under what conditions can they conduct an investigation? asked Odile March of the International Prison Observatory. Will there be video all the time? How can someone with a lawyer in the Islands stay in touch with their lawyer because of the time difference? The communication costs will be enormous and maintaining contact will be very difficult.” The activists’ defense members have no information yet about the continuation of the proceedings. Among them, in France, François Roux, one of the leading lawyers of the FLNKS, wore the dress in support. “We are in darkness at this moment.” He explained.The investigating judge in Nouméa may decide to come here for a month to hear the accused. He can delegate this to his colleagues here,” He pointed out.
In this context, it was difficult for Odile Machiavelli to organize the defense.”The acquisition of video is very complex and depends largely on the institution. These are not sufficient conditions for the right to defend, and I have no idea how to do this. And it will also be complicated to ensure the confidentiality of the exchange. “, I regret to the head of the OIP investigation team.
Mulhouse, Riom, Dijon, seven CCAT activists spread across the country Different prisons in France. “We found that no two people were in the same institution, which was a significant dispersion”introducing Odile Mackey.
The deportation measure conflicts with the pretrial detention arrangements of Joël Tjibaou and Gilles Jorédie at Camp-Est prison in New Caledonia this Tuesday. The son of Jean-Marie Tjibaou and Alphonse Dianou requested on Saturday to postpone the hearing of the liberty and detention judge. “They are characters, Judge Nathalie Tehio, president of the Human Rights League. The children of political leaders are extremely important to the independence movement, which is probably why more time is needed to consider their case specifically.” François Roux argues that this is a logical rather than a political coincidence: “The plane has taken off.” Judge, judge. “Apart from Ubeya, I don’t remember any independence activists being transferred to France.“, he explained.
There are also rumors of changes in the circumstances surrounding the investigation and trial.”Therefore, the Metropolitan Court will be responsible for investigatingAs the charges are quite serious, I am afraid the investigation will take a long time.”, explains Odile Macchi of OIP.One of the problems is the silence of the government and the Ministry of Justice. There must be a plan, but we don’t know it.“When contacted, the Ministry of Justice said it would not comment on ongoing proceedings.
“Because of the political context, it is difficult for us to say that we will only look at the archives of crimes that were committed, assuming that these crimes were actually committed. Nathalie Tehio is convinced of this. We cannot ignore the political context, so only a political solution can resolve New Caledonia’s problems and bring peace.” Appoint the Chairperson of the Human Rights League.
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