Rennes/Roazhon on 7.12.2006: Communiqué from CARB
Breton prisoners against French State: Rennes Court of Appeal tries to save time.
During the criminal investigations that were initiated after explosives were stolen in Plévin on 28th September 1999 and bomb attacks were ascribed to the ARB (Breton Revolutionary Army), the French police questioned and kept in custody ten or so people in Brittany.
Being questioned and kept in custody between December 1999 and June 2000 without having been prosecuted, several people brought an action against the French State in 2001. They accused the state's judicial public service to have serious dysfunctions.
More precisely, they complained against the fact that no actual reason were given for their being kept in custody. These claims rest on article 701−01 of the Code of Judicial Organisation which provides for compensation in case of dysfunctions of the judicial public service. Their claims also rest on the European Convention for Human Rights.
On Monday 17th January 2005 Rennes Magistrates' court decided that anybody could be kept in custody without being given the official reasons for that and that the examining magistrate had therefore not made any mistake.
The plaintiffs appealed and their lawyer presented his conclusion of appeal in April 2005.
The Judicial Agent of the Treasury Department who represents the French State waited 17 months before answering this appeal and thereby presented his conclusions in September 2006.
Rennes Court of Appeal recently ordered that the procedure be communicated to the public prosecutor's department so that it could present its argumentation in this case.
This obviously delays the compensation procedure which started on 10th May 2001; i.e. five years and seven months ago.
The Anti-Repression Co-ordination of Brittany (Coordination Anti-Répressive de Bretagne) renews its support to the plaintiffs and appeals to public opinion.
On behalf of the Coordination Anti-Répressive de Bretagne,
Claude Le Duigou