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US News Assa Traoré sentenced on appeal for violating the presumption of innocence of three gendarmes

01:45  03 march  2021
01:45  03 march  2021 Source:   lemonde.fr

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Assa Traoré , Adama's sister who has become the movement's leader and spokesperson, said in a video alongside the statement that she condemned the "racist" legal assessment, which, she said, "dares describing my brother on paper as a 'individual of black race'". Les experts rappellent le témoignage d’un gendarme et de Chedil MZOUGHI qui indiquaient qu’avant son interpellation Adama TRAORE était très essoufflé. Cet essoufflement avait été attribué à la course effectuée par Adama TRAORE avant son arrivée au domicile de Chedil MZOUGHI.

The reason for the presumption of innocence is that our system of justice is premised upon the idea that the greatest wrong that the government may perpetrate is to convict an innocent person of a crime. Therefore, the rules are written with the belief that it is better to let ten guilty persons go free than it is to convict even one innocent person. Seventeen people had been sentenced to death before DNA proved their innocence and led to their release. The average sentence served by DNA exonerees has been 13 years. About 70 percent of those exonerated by DNA testing are members of minority groups.

The three gendarmes responsible for the arrest of Adam Traore had summoned his sister Assa for summary proceedings. In question: five messages, published on the Facebook page of the committee The Truth for Adama, which presented them as having caused the death of the latter.

Assa Traoré, who has become an emblem of the fight against police violence since the death of her brother Adama, was sentenced in civil proceedings by the Paris Court of Appeal for infringing the presumption of innocence of the gendarmes who carried out the arrest of the latter, according to a decision consulted Tuesday, March 2 by Agence France-Presse.

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This work analyzes and challenges the concept of presumption that was formed in the sixteenth century, projecting itself to the present day, not without serious degradation of its logical structure, as it was being used by law with more. I will suggest that this right is implied by the presumption of innocence . The paper compares and contrasts the way in which the evidence of witnesses to events, eyewitness identification evidence is obtained and tested. It goes on to envisage what the most accurate procedures for obtaining and testing the former class of evidence might look like.

(Redirected from Assumption of innocence ). The presumption of innocence is the legal principle that one is considered " innocent until proven guilty". In many countries, the presumption of innocence is a legal right of the accused in a criminal trial

The three gendarmes in question had, in December 2019, subpoenaed - an emergency procedure - Assa Traoré for five messages published between September and November of the same year on the Facebook page of the Committee The Truth for Adama, and who presented as having caused the death of the latter.

How Assa Traoré became a figure of anti-racism in France

At the age of 24, Adama Traoré was found dead in the Persan barracks (Val-d'Oise) approximately two hours after his arrest, which occurred in end of a chase in the neighboring town of Beaumont-sur-Oise on a scorching afternoon. Several investigating judges from the Paris court are currently investigating the death, the causes of which are the subject of conflicting medical examinations.

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The ' presumption of innocence ' is a human right, enshrined in Article 11 of the UN’s Universal Declaration of Human Rights. Council of Europe Guidelines on Article 6 go further, detailing the kinds of actions which can violate the presumption of innocence . Specifically, the Council of Europe states that ‘Article 6 § 2 prohibits statements by public officials about pending criminal investigations which encourage the public to believe the suspect guilty and prejudge the assessment of the facts by the competent judicial authority.’

The presumption of advancement is a legal presumption which arises in various common law jurisdictions in relation to the transfers of money or other property. Broadly, the presumption states that where a husband transfers property to his wife

Adama Traoré: the gray areas of a case that has become a symbol

The most recent of these expertises, dating from January 13, attests that the young man died of a "heat stroke", which would have " probably ”not been fatal without the arrest of the gendarmes. Unsuccessful at first instance in July 2020 and ordered to pay legal costs, the gendarmes had appealed.

In a decision dated last Friday, the Paris Court of Appeal reiterated that the law “does not prohibit reporting on court cases in progress, and even granting particular credit to the thesis of the accusation, but only if, from the whole of the remarks, a clear affirmation of guilt does not emerge ”.

"It's beyond us and that's what we want": how the Adama committee succeeded in a surprise mobilization against police violence No damages for the gendarmes

In this case, the court considers that Ms. Traoré "Violated the presumption of innocence" of the gendarmes and ordered the deletion of two of the five messages from the accused Facebook page, as well as the publication of a court press release evoking the said conviction (under penalty of penalty) and the payment of 4,000 euros in legal costs to the gendarmes.

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The presumption of innocence is the legal principle that one is considered innocent until proven guilty. In many countries, presumption of innocence is a legal right of the accused in a criminal trial, and it is an international human right under the UN's Universal Declaration of Human Rights, Article 11.

All criminal suspects are presumed innocent . If the prosecution cannot prove "beyond a reasonable doubt" each and every element of the offense charged then the defendant must be acquitted. It is therefore NOT the case that the fact finder merely decides who it believes more. Once again, during the trial, the defendant does not have to cross examine a single witness and, of course, need not testify himself. The presumption of innocence and the burden placed on the prosecution is a fundamental tenet of protection against over zealous prosecutors and police in the U.S.

This same court, on the other hand, dismissed the gendarmes, who had each requested 15,000 euros in damages. She considered that the five messages had "clearly" violated the presumption of innocence of the gendarmes, but condemned Ms. Traoré only for two of them, considering that it was "not established" that the latter was the author or sponsor of the other three.

"It is a victory because all the passages pursued are considered to violate the presumption of innocence", welcomed Me Rodolphe Bosselut, lawyer for the gendarmes. In response to the publication of Me Bosselut's comment by a media, his opponent, Me Yassine Bouzrou, for his part tweeted: “My client was ordered to withdraw 2 messages from the thousands of publications on the Facebook page of the Adama committee. The 4,000 euros are the costs, ie the reimbursement of legal costs and not an order to pay damages. "" Sacred victory indeed! Ms. Traore’s lawyer added.

Mali: the prosecution appeals in cassation in the case of the alleged conspiracy against the State .
© AFP - MICHELE CATTANI The radio host and activist Ras Bath remains in detention (illustration image) In the case known as “conspiracy against the State”, it will ultimately be up to the Supreme Court to decide following the prosecution's appeal announced on Wednesday 3 March. Activist Ras Bath and four other defendants still in custody will therefore remain in prison pending a ruling from the country’s highest court.

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This is interesting!