Wednesday, January 27, 2016

Taubira is justice – Liberation

“A Force expected, expected no more.” The magistrate placed high in the organization of the chancellery summarizes the reaction, Wednesday, from the entourage of the Minister of Justice. Announced many times, always denied, breaking Christiane Taubira with the government this time is consumed. In announcing his resignation on the day of the arbitration on the proposed constitutional amendment, which enshrines the principle of forfeiture of nationality, the Minister of Justice has ended its contradictions. Schizophrenia became too blatant since its release on the subject, just before Christmas. When moving in Algeria, she announced the abandonment by François Holland nationality forfeiture extension project to binational born French. “This poses a fundamental problem on a fundamental principle,” she explained, before being formally denied by Manuel Valls tomorrow. Since Taubira did not seem to look good.

Magnanimous, Francois Hollande left him to stage its release. “Sometimes resist is to remain, it is sometimes resist leaving. Out of loyalty to self, to us. For the last word in ethics and law, “ she tweeted Wednesday morning. Before specifying a few hours later, during an unusual press conference on resignation: “I am leaving the government on a major political disagreement.”

“More tenable “

His departure from the government was in fact officially recorded since Saturday and an interview at the Elysee. The entourage of the head of state said that Hollande and “have walked for weeks to notice Saturday that it was no longer possible.” A starting it announced in ruled on Saturday to Michel Denisot, which Canal + has resulted in advancing the distribution of The Conversation, aired in prime time on Wednesday evening (read Libé

Christiane Taubira will therefore no longer defend the forfeiture of nationality, if the measure became clivante left. His resignation also avoid the need to bring the new anti-terrorism law, which must be presented Wednesday by the Council of Ministers and still a little more restricted the judge’s powers. Its common platform with the interior minister, Bernard Cazeneuve, published in the World in early January and defending the future anti-terrorism bill, had also disappointed over one of his supporters – like its inability to influence the law on intelligence some months earlier. “It was no longer tenable, it is absolutely not understand why she left,” says a former associate in ministry.

Christiane Taubira is the first incarnation of the law on marriage for all. “She knows perfectly use symbols, summarizes a senior judge. In this sense, it was advantage Justice Minister as Justice Minister. “ enduring, persistent. Basically, convinced. For months, from 2012 to 2013, the Minister of Justice has never abated in the defense of his law opening marriage and adoption to gay, becoming the passage favorite target of Manif for all. Not an anti parade without his name appears in large letters on placards which violence has been forgotten: “Taubira, in Cayenne,” “Sharia for Taubira” Tuesday 23. April 2013, she holds his hand. Under the golds of the National Assembly, arrived with a rose in hand, she attacks his last speech with great skill. She told “overcome with emotion,” cites Nietzsche, is for those who, in a violent homophobia climate, “were injured by words, by acts [...] those who have known the distress “ face a ” sublimation of egoism. ” is human speech, Republican. And cultivated – each redesign, they said the starting lineup Minister for Culture, Rue de Valois. The vote falls: 331 for, 225 against, 10 abstentions. That day, the Minister of Justice becomes the icon of gay – and much of the left. The text quickly becomes the “Taubira law.” “It will continue to rely for the left and the values ​​of the Republic she ended up personifying” we confided Wednesday the rapporteur of the law and member of the Isere, Erwann Binet.

But it is perhaps his uncompromising personality which partly served his fights for justice. Thus the reform of juvenile justice – we do not know if it will be finally debated one day. In the eyes of connoisseurs of good record, Taubira was both lucky and the Achilles heel of this text which would reaffirm the educational mission of justice for children, as his predecessors had hardened repression. The minister was probably one of the few now left to worry at this point of delinquent children. But his image of “lax” constantly sharpened by the right (see pages 6-7) would not have facilitated the adoption of the text. For the opposition, of great violence upon his arrival in power, soon became inaudible any of its outputs. He is accused its independence past his supposed compassion for offenders. “When FN vote, we left and we Taubira!” launched Jean-Francois Cope, a few weeks after his arrival at the ministry.

sticks in the wheels

The evil that took Christiane Taubira to end sentences floor – these minimum sentences for repeat offenders established by Nicolas Sarkozy – is evidence of the difficulty in getting rid of his minister of image empty prisons. The Hollande had however assured, in 2012, put an end to this symbol of the all-repressive. But penal reform has repeatedly rejected. And Taubira’s hard to be heard in public that minimum sentences do not actually touched that small offenders, often marginalized (homeless, drug addicts, etc.).

The line was not the only to put a spoke in the wheels. For this, she has always been able to count on Manuel Valls, always quick to criticize the “culture of excuses”. In August 2013, then Minister of the Interior, the latter wrote a letter to Elysee seeking to bury her colleague penal reform – which included abolishing minimum sentences. Finally, penal reform is still passed in July 2014, and floor deleted sentences. Beyond these penalties for repeat offenders, the text intends to reverse this way of thinking about prevention of recidivism, to speak probation, conditional and probation, repair … But these words do they still make sense in a country traumatized by two terrorist attacks that debate yet another extension of the state of emergency? To say that the vision Taubira, even before the attacks was against the current. If she has managed to create a new term of probation, renamed “criminal coercion”, one that has been largely emptied of its contents. As for preventive detention – the possibility of maintaining a criminal locked up even after the end of the sentence (if a panel of experts believes that it is always dangerous) established in 2008 by Sarkozy – Taubira has never managed to convince the Elysee deleted. Yet she said about her Libération there’s just one year: “In law and in philosophy, I do not see how one can justify in a democracy. This is to convince citizens that there is a magic solution to crime. “

” Freedom “

” When talking about Taubira, we only speak of theatrics, regret Clarisse Taron, president of the Union of Magistrates. But she held undeniably courageous and probably sincere speech she dared to say that the prison was not the solution, that minors in criminal are primarily children at risk … Nothing revolutionary in substance, but these Things were not saying for a long time. However, it has struggled to pose his vision and ministry in the choices of the government. “ Out of the five-year bloodless Sarkozy, magistrates were first attracted by Taubira. But the state of grace did not last. “His speech had acted as a balm, his words ring hollow ended,” in 2014 told us a parquetier Bayonne. Large routs on justice of the XXI th century, the consensus conferences have given birth than mice.

Taubira may nevertheless claim to have restored a little independence of justice, removing the instructions of the Executive in individual cases. A change in line with the law of August 2013, which was accompanied by an absence of almost total intervention of Minister on current issues. And this despite the kerfuffle around the case Listens Sarkozy in March 2014, when the right had accused the Justice Minister to be informed of the investigation of the former head of state. No surprise, though. As required by the criminal policy, the Minister is informed of the said records “reported”. The trial is all the more dishonest Christiane Taubira decreased their volume by over 30% in four years. A break with the previous five years, during which the subjugation of part of Justice had reached its climax. However, Taubira did not go after on the subject. There was no promised constitutional reform on the independence of the prosecution, intended to align the status of the prosecutor on that sitting judges, independent of Chancery. Exit also the reform of the Supreme Council of Magistrates (CSM), to give more room to magistrates within it while strengthening its disciplinary powers. Reforms that require a three-fifths vote of the Parliament in Congress.

Bossy, adept night mails, Christiane Taubira has often exhausted his entourage to the ministry. And scroll saw four cabinet directors. But those who have stood firm are unconditional. You should have seen them speak of “custody” with eyes that capsize. With this resignation that nobody expected, she will have been able to create a surprise. In his autobiography My meteors, published in 2012, she warned: “We will claim my erratic. Just because they do not understand when or by what criteria I abdicate my freedom while also nobody comes to the curb. “ Lyric, always.

Sonya Faure , Emmanuel Fansten


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