Re: Criminal standards of proof in France?

From: Christian Weisgerber (naddy@mips.inka.de)
Date: Sat Feb 22 2003 - 06:55:02 MST

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    Mike Lorrey <mlorrey@yahoo.com> wrote:

    > Germany ain't much better. A key co-conspirator to the mass murder of
    > 3,000 people gets only 15 years (10 years with good behavior) for 3,000
    > convictions of accessory to murder.

    He was sentenced to the maximum penalty possible under the law, in
    the notable absence of firm proof. I'm at a loss what more favorable
    outcome, from your point of view, you could have expected.

    I don't have the court proceedings, but from what I picked up in the
    press the charges rested on these facts to which the accused readily
    admitted:
    - He was friends with the guys of the Mohammed Atta terrorist cell.
    - He shared an appartment with them for some time.
    - He transferred some money for them.
    - He has been to an Al-Quaida bootcamp in Afghanistan.
    Also, he is known to have expressed violently anti-Jewish sentiments
    in the past.

    None of this constitutes damning evidence. The personal relationship
    is perfectly compatible with just being friends with some fellow
    students, without being privy to their conspiracy. Also, a key
    testimony was withheld from the court. This case is likely to make
    the revision circuits and it is within the realm of possibility
    that Motassadeq might be cleared of all charges at the next level.

    I certainly find the prospect of being charged as a terrorist just
    because you have unpopular opinions and happen to know some Arab
    students quite terrifying.

    (Mind you, I share the suspicion that Motassadeq was deeply involved
    in the whole thing, but accusation does not constitute proof. At
    least in modern judicial systems.)

    -- 
    Christian "naddy" Weisgerber                          naddy@mips.inka.de
    


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