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JUSTICE OF EXCEPTION IN THE TARIQ RAMADAN CASE
By ATIQUE JANJUA, Lawyer of the Paris Bar Association
Does exceptional justice become the rule at the place of people of Muslim faith?
The judicial procedure implemented against the Islamologist Tariq Ramadan seems to demonstrate it: the equality before the law, it is not always the equality before the
This case raises questions on the the manner in which the criminal procedure is driven so far by the high
Indeed, while it would be two rapes that would have occurred in 2009 and 2012, those are not less than three judges of instructions that have been summoned to look into this
The large number of magistrates is surprising for facts rather conventional in the eyes of the more serious criminal cases involving entire networks of delinquents and dozens of suspects where a judge alone instruction is most often
There would be, therefore, need as many judges to probe the kidneys of Tariq Ramadan?
The most curious thing is that the instigation of the Islamologist, firmly called for by the Prosecutor of the Republic at the end of the custody and ordered by the Judge of Freedoms and the Detention a few days later seems to have as main motive interests outside Article 144 of the Code of Procedure
This procedural provision, well known to lawyers, provides that the filling of a person can take place only in last resort and if no other measure can be applied to achieve the same
It is therefore only with an impossibility to assign the mis en cause to residence or to place it under judicial supervision by innumerable processes that the judges may order, in extremis, the provisional detention of anobody because it is supposed to benefit, still at this stage of the procedure, from the sacrosanct presumption of
Thus, the detention of Tariq Ramadan can only be explained by the will to make up for the lack of probation Complainants: Since the evidence provided by the anti-Ramadan clan proves insufficient, may it be better to woo and provoke other testimonies, even to scrape the drawer?
This is to say the level of legal deviation and barely masked the procedure of pre-trial detention which is, here, illegally
This is probably why, Thursday, February 15, the Chamber of the Paris Court of Appeal decision preferred not to give immediate follow-up to the appeal lodged by Tariq Ramadan from the bottom of his
To avoid judging whether the legal conditions of detention were met, the judges ordered an expertise for doctors to say if the Islamologist can be maintained in
It is, therefore, by a non-decision and the referral of the case to the medical community that suspended the proceedings of
It is worth, therefore, better than doctors judge?
We must also note the funny side of this file, since faced with this severity applied to the detainee, the police services, they literally lost for several months the proof of a plane ticket coming to the supports of the right defense without the Chancery finding fault with this serious malfunction except that “it is up to the judge to verify”.
Thus, the Ministry of Justice refers this case to the judges, and the judges return Tariq Ramadan to the doctors! In these circumstances, who might believe that the timely loss of an important piece which served the Prosecution’s case and which could have jeopardized the pretrial detention of the respondent, was not the result of a invisible hand, while at the same time the detention thus obtained, is prolonged, and that the judges do notseem more really want to judge the man?
It must be believed that the controversy surrounding this detention will not end and that it has something particular and intimately political: to lock up Tariq Ramadan, it may be for some, enfranchise his < br> If the republican law is, in theory, that which applies to any individual whatever its origin or religion Hermes Replica, the interpretation which is made with regard to the islamologue shows a slow deviation of the criminal procedure for the benefit of non-interest
How to explain that many public figures implicated in cases of the same nature are not treated in the same way?
The explanation lies, in part, in the movement of severity and suspicion that perpetuates step by step the exceptional practices opposed to citizens
To be convinced, must we remember that c is the same criminal procedure, yet protective of the rights, which allowed officers of the republican police and under public clamor born of the emotion of the attacks of January 7 and 9, 2015, to lock up a child of Moslem confession of 8 years for a sentence pronounced in an elementary school Hermes Replica.