French Ex-President Sarkozy Begins Jail Sentence
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Former French President Nicolas Sarkozy begins his jail sentence for corruption, sparking discussion on accountability and the rule of law, with many commenters praising France's justice system and comparing it to other countries.
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Additionally budget for political campaigns are strictly regulated in France. And getting bribes from foreign dictator is, of course, not allowed.
The reason he did not get condemned also for that is that the judge could not proove the usage of the money.
Couldn't he setup some crypto fund instead? Or investment in ballroom? Or simply just receive present, let say plane, instead of money? Would that help him in this case?
In a banana republic, the optics don't really matter in these kinds of situations.
An other French politician, Francois Fillon, tried that with bribes as gift including some luxury Suits. In addition of some public money redirection to his own family.
And it did not play well for him either.
https://en.wikipedia.org/wiki/Fillon_affair
Ironically, he was Sarkozy's Prime Minster.
The party that they both come from (The republicans, previously UMP, previously RPR) has a long history of financial abuses and associated judgements.
The only "new" thing here is that it explicitly condemned a previous President.
The solitary confinement part is quite harsh, I've never understood how that is supposed to rehabilitate someone.
In France there's early release, parole, etc. so real time he spends behind bars might be as low as two years.
Edit: The WP article is actually a very interesting read, https://en.wikipedia.org/wiki/Libyan_financing_in_the_2007_F...
In this case it's for his own wellbeing, because it's probably difficult for a former president to go along well with the rest of the prison population. I also read a statement that it would help prevent other inmates taking and publicly sharing pictures of him (since some inmates do manage to have phones even if they are forbidden).
Prison in general is one of the worst ways to rehabilitate someone though, I do agree with you.
Particularly for him who was very keen to be seen as tough on crime to get votes from the far right.
It’s for security reasons. It’s also why he’s got bodyguards.
The court couldn't prove beyond reasonable doubt that the money was used for his campaign.
However they were able to prove beyond reasonable doubt that he knew what his subordinates were planing and that he did nothing to stop it.
In France conspiring to commit a crime is punishable, regardless of whether the crime actually happened or not. That's a law that has been crafted by Sarkozy's own party.
> The solitary confinement part is quite harsh
The solitary part isn't a punishment, but to ensure his safety. They even went as far as to allocated another cell for the two full time police officers of his security detail...
Also the upside is that he has a cell for himself, something a lot of prisoners would love to have given the over prison occupancy in France is 137% (and up to 200% in some specific prisons).
I would be wary of going through the appeal court. The judges motivation make it quite clear they were _extremely_ lenient and chose to ignore how contradictory a lot of statement were, and the other cases linked to this. If he is convicted for "subordination de temoin" in the related case, it is likely that his sentence would be set to a longer time.
The fact that Sarkozy started the Lybian war was also outside of the scope of the trial, sadly.
As the most serious cases at the national level are often tried in Paris, the high-security wing is filled with drug traffickers, murderers and terrorists, at least for the duration of the proceedings, which can take years in France.
Sarkozy is in the VIP wing with two bodyguards nearby. These are hardly the conditions one would imagine for isolation.
It's about making sure crimes have consequences, however highly placed you and your friends are.
He probably thought he could get away with it. But make no mistake this is a political play and everyone involved is as dirty as the Paris Seine.
Maybe the Seine was heavily covered as dirty by the media but remember that you shouldn't swim in the San Francisco bay either. Wait for the next JO to hear about water quality problem with the LA beach area under rain.
There's a lot to fix in France, and a lot of things going well.
Looking at economic trends, it does seem like optimizing for quality of life of the boomer generation at the cost of the future generations, which is not so nice.
Without major cuts to its welfare state (which is Europe's most massive one as a percentage of GDP), France's finances are unsustainable. The necessary tax revenue just isn't there and you cannot borrow indefinitely to spend on entitlements.
As of current trends, if something explodes the Eurozone, it will be endless accumulation of French sovereign debt. It is the same as once Greece was, but ten times as big.
https://en.wikipedia.org/wiki/List_of_heads_of_state_and_gov...
Norman Saunders: Saunders was alleged by the US Drug Enforcement Administration to have accepted $30,000 from undercover agents to ensure safe passage of drugs by permitting safe stopover refuelling of drug flights from Colombia to the United States. Video evidence showed Saunders accepting $20,000 from an agent. Saunders was convicted in July 1985 of conspiracy, though he was acquitted of the charge of conspiring to import drugs into the United States. He was sentenced to eight years in prison and fined $50,000.
Then he went on to get re-elected. And then had an airport named in his honour. Nuts.
The Elite all don't get along with each other, but in a "civilized" world where there is enough loot to share with everyone, they don't need to directly attack each other. Unless something really threatens and freaks them out.
But once in a while they authorize their foot soldiers in the military, judiciary, legislatures, media to attack each other. Which is all just a side show - https://en.wikipedia.org/wiki/Circulation_of_elites
- Prosecuting white-collar crime still takes ages and takes over a decade, long after the resulting sentences have a real impact
- People like Nicolas Sarkozy have powerful media relays (most of the TV/newspaper owners in France are friends of him or at least sympathetic) and they can smear the judgment, smear the judges in the media with impunity
- His allies are currently in power, he was invited for a short discussion by president Macron and got a visit in prison from the minister of justice Darmanin, which reeks of favoritism
So the road ahead is still long, and I'm not even talking about current political climate which is horrendous.
I would say that when it comes to political dysfunction, France is a fairly bad case. The Gaullist semipresidential system was a mistake. IIRC only Erdogan copied it.
He delayed the case enough (almost 13 years) so that he's now more than 70 though and I doubt he stays to long in prison because of his age.
But it's nice to see that he couldn't run away from justice forever and is finally in jail.
His case is going to appeal but the court decided to still jail him now "provisionally" (exécution provisoire), which sounds like a political play. Coincidentally, the same is happening to Le Pen with respect to the decision to ban her from elections...
As for "delaying" the case, this is just the French court system for you. Everything takes years and years.
The "exécution provisoire" is a measure that was introduced when his own party was in power, to make sure that terrorists were jailed immediately. He happened to be condemned for breaching the same law (association de malfaiteurs) that is used against terrorists.
I once read a comment by a lawyer that he was amazed by the number of politicians who ended up being caught by laws they had voted for. This is what happened here.
In fact when he was president he implemented another law, on minimum mandatory sanctions for repeated offenders (peines plancher) which was repelled by the subsequent administration. He would have been caught by that too otherwise.
I cannot be sure of what is happening (hence "seems") but neither can you, especially regarding decisions that are discretionary.
At least here there is a guilty verdict even if not final. In France people can be jailed for years without a trial...
Sure, but also, he did the crime. There can not really be any doubt for the people who followed the trial, and the judges have shown extreme caution, rejecting charges when there was the slightest doubt.
The political opinion or lack thereof of judges is irrelevant.
At one point when you're this corrupt, putting you away is the only solution.
Is there a country for which that doesn't hold true?
Let's put things straight, both of them are criminals, giving them a treatment of favor would be insane.
And to show how morally corrupted they are, both of them have been really loud about a no tolerance justice system. I guess that speaks for itself.
Saying that is was an error and the trial was political, is plain disinformation.
When you pay your father a cook and a bodyguard this way, this isn't really appropriate to call that “an error”.
> the French establishment simply like more than her
Bayrou (who was prime minister a month ago) is also charged with similar things.
And Le Pen is pretty liked by the French establishment actually …
He should definitely be in jail, as some of the things he's been charged with, and also in other cases sentenced for, were conspiracies to rig his trials and attempts to lean on witnesses, in cases including, but not limited to, this very trial [1]. Him being behind bars is necessary to stop his attempts to rig his own trial.
[1]: https://fr.wikipedia.org/wiki/Affaire_Sarkozy-Kadhafi
No. That’s how it’s done, and he can thank himself because he introduced the process himself. It’s utterly disgusting to hear him bloviating about criminals in 2007 and now whining because he’s on the receiving end. Shameless.
The law is the law. He’s been convicted enough and he belongs in jail.
On the other hand, condemned is specifically about being sentenced to death -or sometimes life in prison or some similarly hard punishment-. Which is also why a building is said to be condemned when it is set to be demolished.
We don't ever use "sentence" in a legal context (it still exists but is old fashioned), things diverged quite a bit it seems between those languages.
Out of that context, it's usually condenado the one used.
The general difference is that "convicted" is neutral in tone. "Condemned" includes a particular tone, and religious and moral connotations, which might be unfitting in some cases.
Edit: Take the above with some grain of salt, might be at least incomplete, maybe somewhat wrong. After consulting the internet, I've found out that there are even more meanings and nuances, which I didn't know about. Sorry for being an arrogant non-native-speaker trying to score internet points ;)
We just still have a working judiciary system. But for how long? It barely correctly financed and his independence his attacked every days in the oligarchy controlled medias.
I hope you fix your judiciary system one day.
Fortunately he failed to do it when he was in power, and this is in my opinion a big factor in his current demise.
The documentary The Bibi Files was a particularly interesting examination of the allegations against him and his almost shrugging response to them [0]. And going back to America, a week ago Trump asked the Israeli president to preemptively pardon Netanyahu during his speech at their parliament [1], which I find to be concerning on all possible levels.
[0] https://www.imdb.com/title/tt33338697/
[1] https://www.reuters.com/world/middle-east/trump-urges-israel...
No offense but the french people should thank god their criminal in control didn't go all the way through turning the country into a shit show in the process.
As I said before I believe we live in a global time in which countries must embrace the rule of law systematically in order to survive as democracies. Otherwise you just get a kleptocracy with extra steps, just like in the US, some of Europe and Russia.
Guilt beyond a reasonable doubt is determined by trial in an open court where defendent has the right to cross examine witnesses and present evidence. Do not assume guilt or innocence based on heavily politisized reporting.
For anyone who is not following the trial, Netanyahu was charged with bribery and a few lesser charges which do not have a direct US equivalents. As soon as the prosecution's case-in-chief was over, the judges publicly notified the prosecution that they should drop the bribery charges as they are unlikely to be able to prove them.
The prosecution case for briberty was built on a hypothesized meeting in which Netanyahu supposedely instructed the director general of the ministry of communications to serve the interests of Elovitch.
During cross examination, the defense managed to prove conclusively that such a meeting, as described, could not have occurred. They also showed that the prosecution had in its possession all the necssary evidence to show such a meeting could not have occurred.
https://www.kan.org.il/content/kan-news/local/409910/ (use Google Translate)
How about it if by a fuller acceptance that power corrupts, we have the head of government only serve for one term and automatically be taken to (actual) prison once their time is done. They would then have an expedited trial by a socioeconomically diverse jury representing the population, judge their overreach in different areas, and how long of a sentence they should be given; at best, they would be released after a month or two for time served. Afterwards, unless this has been explicitly revoked from them due to gross misconduct, the former head of government would be given a sufficiently generous stipend to live and travel without ever needing to work again, and encouraged to spend the rest of their lives on charitable pursuits.
The big risk I see here is that by stripping some of the long-term power from the head of government, it would lead to a re-concentration of powers in a head of party role, or other behind-the-scenes power brokers, but the intent here is that the head of government once elected is explicitly given the ability to overreach, and particularly knowing that they'll be set for life, they'll have the freedom to act independently, in what hopefully would be their take on the country's best interests, and a desire to leave a positive legacy. And furthermore, I think that restricting the ascension to power to those who are willing to take on that prison time would attract people who are a bit less vain than the typical crop of candidates, and at the same time reduce the stigma of prison in general, and hopefully lead to political interest in improving prison conditions.
Nah that's horse shit. Trump has been trying to ride outright populism since Ross Perot showed you could be a moron with no experience and people would still insist you were somehow a genius because you had a million dollars.
Trump's first campaign was nothing more than the republican party being utterly ravenous to demonstrate the hatred that AM radio and Fox News had been cooking up for a generation.
The tea party movement was not organic, it was invented and astroturfed into existence. The outcome was not planned, but it was entirely intentional.
Trump was the biggest source for the birtherism bullshit remember?
The people who believe haitian immigrants eat dogs, that portland is currently on fire, or that Mr "grab them by the pussy, they let you do it" and "I used to watch all the ms teen USA girls change" is somehow not the primary pedophile problem were never serious about justice, never cared about it being applied equally, and will never be satisfied with an actual fair justice system. They believe that crime is at an all time high despite no evidence. They believe the man that has quite literally scammed them time and time again is a "great businessman" or knows what he is doing at all.
The people who say "Obamacare is the worst thing" and yet "Don't you dare take away my ACA coverage" at the same time do not care about justice.
These people keep electing Republicans despite mountains of objective evidence that Republicans nearly alone are responsible for America's current budget and debt problems.
A lot of these people are utterly furious that the Federal Government forced them to treat black people like people in the 60s and have been holding a grudge ever since. You don't scrub rainbows off of cross walks because you are upset about justice.
The people cheering on the black bagging of American citizens and hate fueled oppression and the literal suppression of free expression or thought do not care about justice
The people who were upset by the injustice of 2008 were the Occupy movement. Where are their political candidates?
I do not think you should let the Democrats off
Defending a status quo that is so obviously broken, where injustice is getting baked in to cultural expectations...
I am sad that it has come to this, and I fear for the health, very existence, of the republic
They want to hurt people. They elect Republicans to hurt people and openly cry that the republicans do not hurt the "right" people, and then vote for them again. They cheer on siccing the damn National Guard on random blue cities, which they have never even seen and have no knowledge of because they hate liberals. They cheer for sending brown skinned people to torture prisons and putting razor wire in the rivers they use to cross because the cruelty is intentional. They've wanted to turn the southern border into the berlin wall at least since Bush Jr, and emphatically want the guards to be just as hostile as the soviet ones.
The day after the Penn State massacre by the National Guard, more than half of the polled people blamed the students for getting shot. They were upset that students were protesting the Vietnam war.
They just want "uppity" people put down, because non-conformance is somehow the biggest problem I guess? The want this imagined social and societal conformance that only existed in their head. Though a large fraction of them explicitly want a theocracy and to take away your rights to not be christian or to be taught things that are against a fundamentalist christian perspective, which is funny, because the "christian" religions pushing for this are insanely unchristian.
The entire reason the US has laws on the book for "Religious exemptions for required vaccines" that are currently being weaponized to for some reason bring back nearly eradicated diseases is entirely because of the Church of Jesus Christ; Scientist, which claims to be christian even though it's a cult that spawned from like 20 literal Simps competing for the attention of an insane lady who plagiarized her fake religion from a crackpot "doctor" right here in Portland Maine, and outright lied about a miraculous disease recovery that never happened. This same group also successfully prevented states from punishing parents who let their children die from completely preventable illness for "religious reasons".
This is not "Freedom of religion". Those dead kids are not free from religion. In fact, the US and state governments went out of its way to carve out rules to allow parents to impart THEIR religion on their kids.
A lower bound of 10% of Americans openly state that they believe Continental Drift has not happened and that god created humans and the earth as it is now within the past 10k years. 30 million americans openly state that they believe easily verifiable science is not just wrong, but outright a conspiracy against them done by science in league with satan. That is not an exaggeration. There's an entire parallel set of media industries around teaching your kids that science is fake and that scientists think you are stupid, have no evidence, and are literally helping satan trick you into hating god. They consistently make movies, shows, books, etc where they are the poor little victims of an authoritarian state who literally busts down their doors for believing in god. They insist that Starbucks not saying "merry christmas" is an attack on their religious freedom. They WRONGLY assert that the US was founded as a "christian" nation, including multiple currently sitting members of state and federal legislatures. This can only be a lie, as the founders were not shy about being not conventionally christian.
Since the Civil Rights Act, Americans have reliably elected more and more Republicans. It took BS marketing slogans ("It's the economy stupid") to elect Clinton and the worst economic event in many decades to get them to vote for Obama, and a pandemic to vote in Biden. Otherwise they reliably elect Republicans and let them cause problems.
I cannot fathom how people still "blame democrats". They cannot do anything when people do not vote for them, that's how democracy works and this goes triple for the US democracy that does not give minority parties any power. There is nothing a democrat president can do with a hostile congress and court, and that's as designed
You can say "Well the democrats need to be more electable" or something, but you cannot court the racists and religious fundamentalists without objectively abandoning important things like "Freedom" and "Justice" and "children should be educated in a way that may not be compatible with religious fundamentalism and unquestioning parental authority if the parent is wrong about something".
When democrats in the 90s backed liberalism, it's because that's what americans voted for as seen by Reagan's landslide. When they backed the stupid Crime bill, they did it because that's what americans were screaming for. Now, even though those were objectively what Americans wanted, Democrats are held at fault for both. Even though when they tried to not embrace liberalism, they lost nearly all power, and it nearly destroyed the democrat party.
When Democrats suggest incentives to build new power infrastructure, that's socialism and anti-american and they are killing the economy and destroying our country. When Donald Trump cuts us off from global markets and talks about invading our allies and massively increases the cost of building things in the US and literally takes a national stock in a private company, that's somehow fine and nobody ever says the S word.
There is an insane double standard, where Democrats are absolutely panned for not having Authoritarian power to fix everything and be perfect even after they do not get voted in, but republicans get to seriously undermine our country and people and still somehow get elected. It's infuriating. It is deeply dishonest.
There are plenty of polls that demonstrate that there is a huge effect from having "(D)" next to your name. Voters will say "I agree with this" in a poll, and then also say "I refuse to support a (D) doing this" in a similar poll. They then vote for a republican who objectively will not do that thing, because their public platform loudly declares they support the opposite. Most republicans want a legalization of weed, but keep voting for republicans who openly declare their intent to continue to criminalize weed. There are several states that have public referendums that pass popular measures which are then outright contravened or illegally suppressed by Republican governments, and those same voters reelect those same politicians
Republicans openly state that they will prevent democrats from doing things, and it is still blamed on democrats
I broadly concur.
The electorate does not care at all with rational thought but with emotional resonance. That is the nature of the beast and it cannot be changed
Obama and Clinton, tho deeply flawed, tapped into that and won
Trump tapped into that and won.
People care a lot, just not rationally
Putting an active president in jail was not something the country wanted to risk, I'm not convinced prior Supreme Courts would have agreed to that either in other situations. If Trump did not win the election he would have faced serious consequences, beyond the millions of dollars he already owes from other trials.
Sarkozy is easier to put in jail because he's not in power.
Here's a weird observation. I know the names of several US supreme court judges, and their right/left lean, despite never having lived there. I've lived in four other countries, and I might know one judge due to him having a funny name.
What also doesn't tend to happen in Europe is questioning the legitimacy of the system. People can get sentenced and they just... accept it.
German constitutional law is also politicized, but it has good reason to be against Nazim coming back.
He is jailed in a jail nicknamed "La Santé", which is also the the french cheers sentence. "À la votre *et la santé".
Will be the running gag of this christmas and new year.
But got covered by Wikipédia "https://fr.wikipedia.org/wiki/Prison_de_la_Sant%C3%A9", so I did called it a nickname too.
I'm pretty sure it can be called a "Métonymie de lieu" but I just didn't want to insist about that, it feels a little pedantic.
Typical French conversation then!
[0]: https://en.wikipedia.org/wiki/Libyan_financing_in_the_2007_F...
First, this is mostly about things that happened before his election.
The tribunal ruled he did not personally benefit, and he did not directly solicit money to finance his campaign either.
However, some of his closest allies (who would become his ministers later) did the latter. The tribunal could not find any direct proof he was involved but ruled there were enough "converging indications" that he knew and did nothing to stop it.
There is no formal proofs, but as you say, (the judges deliberated that) there is enough "converging indications" to support the idea that the short explanation is true.
The short answer is you can't. But There is enough hints that he maybe implicated at least as much as his collaborators.
One for example, is a testimony of a "smuggler" that he deposited the dirty money 2 times to his collaborator and once directly to Sarkozy. Not enough, he could lie.
A write-up of a meeting preparing the coming of Sarkozy (in arabic) that suggests there is another important subject to the visit of Sarkozy in Lybia. In a way that coincides, we know that the discuss alone (Gaddafy, Sarkozy and Guéant without any diplomatic representative only translators). Not enough, maybe it was another secret subject.
That may explains the famous trip of Gaddafy in Paris. (10 of December 2007, which was an unexpected move regarding his implication in multiple "plane terrorist attacks" (DC10 UTA ( UTA 772),Pan Am Flight 103 (Lockerbie)) and the "greatness" of the trip which was in "great fanfare" very uncommon one. https://abcnews.go.com/International/story?id=3984020 Maybe Sarkozy really trade welcoming trip for good contracts but nobody trusts that.
It can also explains the implication of Sarkozy in nato air strike on Lybia to help the rebels (that leads to Gaddafy death). Gaddafy may have ask for help to interfere the revolt, and Sarkozy couln't politicaly explains it so did the opposite. At that moment, Lybia official reported that he must get the money back and that he was financed by their money (one of the two who reported it is dead, the other one is in exile and it's more complicated because he first support Sarkozy to get extracted from Lybia as he was caught by the rebels). At that time, nobody trusted the Lybia representative as the regime was a terrorist state.
Sooo, you can't tell that he knows, but it does explains a lot.
Sarkozy and all of his billionaire media allies are already trying their hardest to undermine the credibility of the justice system at every turn with extremely dangerous rhetoric; I dread to imagine what this would have been like had they gone with ever-so-slightly-less-safe charges
The tribunal didn't rule he didn't personally benefit. It ruled that he conspired to corrupt the leaders of Lybia to steal money from the Lybian people and fund his electoral campaign. In my book becoming president of France is certainly a "personal benefit". There are numerous factual evidence, documents from Lybia, fund transfers, secret meetings of his closest friends with Abdullah Senussi, who has been convicted to life in prison in France for orchestrating the bombing of UTA flight 772 which resulted in 170 deaths and is also currently investigated for another plane bombing.
The money he got allowed him to spend about twice the allowed amount on his campaign, giving him an unfair advantage in the election. In other words he dealt with terrorists to potentially steal the presidential election. What Sarkozy did is extremely severe, I'd call that high treason. He got far less that he deserved.
Also it's worth mentioning that it is his third conviction. He already got a 2 years and 1 year sentence which were confirmed in appeal in other cases.
To be honest, what I would want to know is if he sent us to war in Libya to hide his crimes. That would be the real evil to me.
Getting him to jail for asking someone for campaign money really gives a weird feeling in that sense.
the money didn't go in his pocket, but he benefited from it by being elected president (partly thanks to this illegal funding), which to this day gives him a life of money and various privileges.
The brother in law personally orchestrated the crashe of a civilian airliner, killing 170 passengers
There's been bags of cash that transited by private airplanes, terrorist acts in reprisal, and ultimately a probable demise of Gaddafi's regime in response.
Some real dirty actions with lots of lives lost.
Formal proofs of this illegal financing have been linked to two of his closest collaborators but not him directly. He is so convicted for "association de malfaiteurs" wich mean "partnership with criminals / wrongdoers".
The illegal financing also explains what the US call the "Sarkozy war", which what a very odd move from France.
Note that, despite the formal proofs of the wrong doing, Sarkozy has the support of most major medias AND from the current president Macron which is not exactly the same party as Sarkozy (but close enough). That suggests politically motivated prosecution is very unlikely.
Judges are socialists
https://www.grasset.fr/livre/le-coup-detat-des-juges-9782246...
Even if indeed guilty, things like jailing him "provisionally" despite his appeal are discretionary decisions of the court so also open to all interpretations despite the very black and white comments here...
I read it the other way around. You're arguing for preferencial treatment on the ground that any inconvenience could be misconstrued as politically motivated.
In the meantime you're seeing a case involving organized crime, lieutenants caught red-handed, and charges extended to the leader of the criminal enterprise. You're not seeing any doubt being raised on the charges, only on whether the politician could have political opponents.
It really is not. Nobody is benefitting from this politically, and the facts are difficult to ignore.
> jailing him "provisionally" despite his appeal are discretionary decisions of the court so also open to all interpretations depiste the very black and white comments her
It’s just how it’s done in cases like this, and he can thank himself for having normalised it.
But now he is also the subject of his own policies and it does not like that. Looks like justice is ok just when it is not affecting him personally.
His attitude is totally disgusting and indecent.
Speaking as someone who isn't french,
If Sarkozy received the same funding from Obama it would have beem extremely shady.
From Gaddafi it sounds outright treacherous.
But it is also clear that judges (who are notable left-leaning, if not far-left) are much more efficient at prosecuting right-wing figures (Fillon, for 0 reason this time).
And sure, belonging to a communist-leaning syndicate which publicly takes political stances (one being to say "dont vote for Sarkozy") has strictly no influence on how you deliver sentencing, nor does the famous incident "mur des cons" in 2013.
Your claim that the judges are red is a popular right wing fantasy
This blend of comments strike me as odd. Are you actually complaining that a judicial system is too efficient at catching corruption at high levels? Is this bad? What point are you trying to make, exactly?
It is unfortunately way less efficient at jailing or expelling multi-reoffenders, who have entered the country illegally, then broken the law multiple times, been in front of judges 30, 40, sometimes 100 times, been officially notified that they have to leave France ("OQTF"), yet, are still free to roam around until they're 101st crime ends up in the news and everyone asks "how come the non-politicized judges let them out 100 times before?"
The current sentence is for the illegal financing of his presidential campaign to the tune of 50 million euro, which is well above the legal cost cap. Although the amounts are benign compared to the amount of bribery seen in the US presidential runs, it is still unfair democratically and should be punished harshly accordingly. Interestingly, this case isn't motivated by financial greed, as in bribery for his own financial interests, but by power, i.e., help win the presidential election.
It should be noted that most of the bigger parties are known to have "alternative" accounting tricks so you can be certain that they also don't fully respect the funding cap, but they probably get away with differences (that we know of/suspect) of a few (tens of?) percent.
Sarkozy was not only well, well above that, with order O(200%), it was also done with money coming from a known dictator: Gaddafi. This brings a lot of interesting additional ethical questions to the table. Such as: what was the quid pro quo expected from such a payment? Or: what role did it play in Sarkozy ordering the bombing of Libya?
It could also be considered politically motivated in the sense that the judges themselves are not a-political (and it's fully in their rights to have a political opinion) and that some of the high-profile cases in the past have been handled by judges of a different political leaning. And without putting the impartiality of the justice system into doubt, some questions have been raised when some of the judges were a bit too vocal in the criticism of their political opponents.
And in parallel, although the judiciary system in France theoretically acts independently from the executive branch, the zones of influence are a bit murky and there are some indirect ways through which some pressure can be exerted onto the judges to facilitate, or in other cases slow down some cases.
So you could be certain that such a high-profile case was not done without the go-ahead of the executive. In that sense, it can be considered politically motivated.
Which doesn't mean Sarkozy shouldn't go to prison. He absolutely should. But please also clean-up all the other crooks, and go strongly after those that enriched themselves at the cost of the country. There are plenty of them, with lots of low-hanging fruit.
Not really. It is more complex than that.
There is two systems within the system for the "penal" (judiciary) in France:
- Le parquet, with a "procureur" who indirectly under the influence of the executive power.
- The "Juge d'Instruction". They are independent judges called only for complex affairs that are in charge of proof gathering and with more or less free hands.
Sarkozy affairs landed in the second system.
Politicans tend to hate the second systems for obvious reasons.
It is worth to notice that Sarkozy himself tried to reform the system and remove the "Juge d'instruction" entirely but ultimately failed.
[1] (French Wikipedia article about the affair) https://fr.wikipedia.org/wiki/Affaire_du_%C2%AB_Mur_des_cons...
Nope. This picture was found in the office of an Union related to "magistrats".
Magistrats is a broad term that also include Procureurs, Judges but also some Lawyers.
The union is not specifically associated to the position of "Juge d'instruction" by any means.
But yes, generally speaking Politicians do not like Magistrats and Magistrats do not like politicians in France. And honestly, it is more healthy like that.
The also is key: "Juge d'instructions" absolutely are "Magistrats" - just like Procureurs, etc are. Some of those "Juge d'instructions" are part of this union who put a target on the back of some politicians. How can they claim with a straight face that they are not biased ?
Either they know it's bullshit and they are simply lying; or they really believe their claims and they are just delusional. I don't know which one I prefer.
Spoiler: They never are.
Specially in France.
Even CGT, the biggest union in the country is currently a perfect good example of that.
CGT is loud. They are often extreme in there political opinions, regularly promoting extreme left ideology, some group historically had even close ties with the communists.... And they represent statistically nobody.
They represent less than 10% of people in France because this is currently the percentage of the unionized worker in the country.
I am sure some "juge d'instruction" try their very best to be as neutral as possible. Some ostensibly aren't even giving this a flying fuck but both are repeating the same "we are non-political" any time they get the chance. When I hear this, I am unable to know if the person if of the first kind or the second kind. There seems to be 0 investigation internally to weed out the liars which thus casts shadow on the entire profession.
Trust is hard-earned, easily lost, and difficult to reestablish. This scandal touched the very essence of the French judicial system, yet had no major repercussion on the internal organization and processes of those "Juges d'Instruction". It's just business as usual. So until they come up with new systems to ensure better attempt at neutrality and they remove the people that have obviously been plaguing the system for years, it's normal and healthy that any mention of "neutrality" is immediately met with heavy skepticism.
The "Juge d'instruction" is not an independent judge that will, out of his own will, start an investigation.
He can start an investigation when asked by the "procureur", directly or indirectly under influence of the executive power, or by private citizens, as a "partie civile". The Sarkozy case was started by the former.
On top of that, the "juge d'instruction" is nominated by the Minister of Justice for a period of 3 years, which means it is, once again, linked to the executive power.
A very interesting documentary [2] explains all this. There's also Netflix series that I didn't watch though.
[0] https://en.wikipedia.org/wiki/Bernard_Tapie
[1] https://en.wikipedia.org/wiki/French_football_bribery_scanda...
[2] https://lcp.fr/programmes/les-mille-et-une-vies-de-bernard-t...
https://www.youtube.com/watch?v=1DadkD_06mM
edit: Ah right, there was Strasser. The Schüssel government sure was great.
This person humiliated our country, and we're glad our justice put him behind bars
Karine Le Marchand expressing her support is one thing, identifiyng herself as being part of the same caste as Sarkozy, but seeing the same support from regular folks, who have most certainly been screwed over by the ex-President...
The Count of Monte Cristo is a good choice.
It’s just a not so subtle way to claim he’s innocent and that he’ll get his revenge.
So there's something there for everyone I guess.
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