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Break the walls of prison! Freedom for Michel Gaucher!

activist | 19.12.2003 18:50

We call all social forces and independent beings all over the world to reunite and to stand against the injustice done by our government(s). These protests are going to launch an attack on the social conformity of happy consumation and its ignorance of the repressive and cruel reality.



Freedom for Michel Gaucher!

During all the time of his prosecution, MG has never been stopped "fucking the system", getting member of the "Black List" in Prague 2000 and fighting in Nice, Genova, Berlin, Munich, Dresden, Nuernberg, Wrocslaw, Davos etc. by sneaking the borders of nations, surveillance and imagination. Again and again. Even in prison he's working on resistance and complains with other prisoners. The success of his complain to the ECHR would be the top.
The extradition to France and his arrest in Portugal are barricades to attack. Solidarity with the fighting prisoners means radical action. Break the walls of prison!

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Letter from Maximo  http://ainfos.ca/index24.html
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Break the walls of prison!

We call all social forces and independent beings all over the world to reunite and to stand against the injustice done by our government(s). These protests are going to launch an attack on the social conformity of happy consumation and its ignorance of the repressive and cruel reality.
Many more will have to suffer under the wheel of justice, prisional establishments, police and administration. But this is not the destination of a free people. This is the destination chosen by the terrorists of moral and the investors in control, surveillance and panic.
The actual events all around the world show an increasing potential of tension between this repressive hegemony and the free creators of so-called civil disobedience. More and more groups attract newcomers and each other in the fight against the ruling and globalized system in daily life.
But this fight is dangerous. The true lovers of independence and the dreamers of freedom have to expect a cruel punishments and to take care of fanatic xenophobics and violators of development, health and emotional wealth. Not only "Mujahedin" and "Knights of the holy cross" try to destroy the basement of free society in dancing the circles of brutality and destruction. Our friends and comrads are killed and tortured in demonstrations and in jail all over the world, no save place seems to be left.
We want to face reality. The save place is among us. It lies in the ensuring feeling of independent human beeings, standing side by side to defend each other against a mighty institution, build of fear and to drop it down to the pursuit of our true freedom and happiness. These protests are going to attack the lonelyness of prison and ego-society.
The Comité de Libertacão de Michel G. is calling for Solidarity in the fight against the abuse of power and law, committed by the authorities of France, Germany, Portugal and the European Union by the nonstopping discrimination and ill-treatment of MG and the abuse of the Shengentreaties. This protests are going to support his complain to the ECHR (dossier 29422/03) against the responsible authorities in order lead an attack on the curruptive and bureaucratic european governments.

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 http://pt.indymedia.org/ler.php?numero=29671&cidade=1
 http://pt.indymedia.org/ler.php?numero=29621&cidade=1
 http://pt.indymedia.org/ler.php?numero=29189&cidade=1
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chronology of the juridical process

france

10 of mars 1999: arrest in Paris. confiscations and maltreatment of attendend persons in his flat. maltreatment in police station, hands tied on the back and forced to stay head to bottom in corner, all night. arrested 60 hours instead of 48 permitted by law until presentation to judge.

12 of mars 1999: imprisonment in the high security prison of Fresnes: 2 serious crisis of epilepsy and physic agression, after 1 crisis several hours in coma.

16 of february 2000: liberation by judgement of the "Court d'Appel de Paris"

6 of mars 2001: judgement of the "Tribunal de Grande Instance de Paris". no proofs available from investigations and confiscations. all witnesses are friends of MG. 1 charging MG in presence of his parents. 8 witnesses exculpating him. condemned to 30 months imprisonment and a "mandat d'arrêt á la barre"(immediate arrest in the court) inspite the ECHR contradict the application of this "mandat" in a jurisprudency in 1999. "Collective Y'En Marre" starting action against his criminalisation.

10 of mars 2001: 3 lawyers appeal to the judgement because of the ECHR-jurisprudency. immediate liberation. appeal to the judgement pending.

germany

8 of october 2001: arrest in Boeblingen/germany because of international warrent of arrest in the Shengen Information System, caused by the "mandat d'arrêt á la barre". imprisonment in the psychatric prison of Asperg/germany. complain to the ECHR, dossier PP28351.

9 of october 2001: no the right to see a german lawyer because no delict committed in germany. no contact to french lawyers allowed. 3 weeks imprisonment. complain to the ECHR.

26 of october: judgement of the "Court d'Appel de Paris" without informing and in absence of MG and his french lawyers.

30 of october 2001: imprisonment in the high security prison of Stammheim. visit of a german lawyer.

25 of february 2002: liberation without judgement. the authorities declare "mistake of procedure".

8 of april 2002: decision of the "Oberlandesgericht Stuttgart" to make MG signing to the police of his german residence in Herrenberg every friday.

7 of august 2002: MG appeals to the judgement of the "Court d'Appel de Paris" from 26 of october.

18 of september 2002: decision of the "Oberlandesgericht Stuttgart", extradition legal. MG still signing to the german police. complain to the ECHR, dossier PP28351. "Initiative Freiheit fuer Mikael" starting action.

25 of october 2002: demand for amnesty to president chirac. refused because "judgement is not definitive", footnote: for unreasonable complains can be charged.

8 of february 2003: liberated from signing by the "Oberlandesgericht Stuttgart".

portugal

5 of august 2003: MG arrested in Zambujeira do Mar by the GNR of Sao Teotonio, because of a international warrent of arrest in the Shengen Information System, caused by the "mandat d'arrêt á la barre".

6 of august 2003: judgement from "Tribunal da Relacao de Evora", preventive prison for 18 days, expecting the formal request of extradition from the french justice. lawyer Vitor Saruga.

following: imprisonment in "E.P.R. de Évora". france is asking 40 days delay for the formal request of extradition; accepted. demonstration in front of the prison.

10 of september 2003: judgement from "Tribunal da Relacao de Evora", preventive prison for extradition, max. 60 days (Shengentreaties). the French Justice is asking for 19 months of prison in their formal request for extradition. they don't count the prison he has done in Portugal and in Germany, waiting for his extradition. in fact he has done already more than 19 months of his 30 months penalty, not counting one year of signing every week to the police at his residence in germany. counting the "rabat" given by the french justice automatically(certified by french lawyer), he should be free already. complain to the ECHR, dossier 29422/02.

following: visit of prison-doctor in Évora, diagnosis "not epileptic" opposing to official documents. several days solitary confinement in Évora after denouncing hard-drug traffic and violations in E.P.R. Évora. following hungerstrike. former lawyer Vitor Saruga(chosen by portuguese authorities) invents and asks Gaucher to keep silence about drugs in prison, nobody could guarantee for his security now because the portuguese prison-administration and personal are a de facto drug-mafia.complain to the ECHR, dossier 29422/02.

6 of november 2003: judgement from "Tribunal da Relacao de Evora", no decision,
delay of 8 days.

10 of november: end of legal detention.

following: transfer to E.P.Lisboa.

14 of november 2003: judgement from "Tribunal da Relacao de Evora", decision for extradition after 14 days. new lawyer Candida Beleza.

26 of november 2003: decision at Tribunal Surpremo de Lisboa about "habeas corpus", because of ilegal detention. liberation refused.

26 of november 2003: new complain "habeas corpus", because of ilegal detention. new lawyer Rui Manuel Fidalgo Guerreiro.

5 of december: several days solitary confinement in Lisboa until invention of lawyer, because of "stubbing out a cigarette on the wall". not allowed to call to the ECHR. complain to the ECHR in emergency, dossier 29422/02.

17 of december 2003: liberation refused. judge has to answer during 8 days on "habeas corpus"(portuguese constitution), here: 21 days, further condemned to 1700 Euros penalty because of complaining. the justice is denying the access to documents about the process to his lawyer Rui Guerreiro.

following: complain to the constitutional court, complain to the ECHR. more and more pressure on him by the prisonal authorities, physic and psychic maltreatment to break his moral.


summary of the events in france an germany in a Interview at  http://freemichael.de.vu

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Michel Gaucher, E.P.L., Rua Marques de la Fronteira 1, Lisboa, Portugal

MG is 80% invalid, has epilepsy and in prison he is in danger of life, certified by french authorities and medecines. The Portuguese Justice has never shown regard to this special situation. The reason for his detention in Portugal is a 'mandat d'arret a la barre' in France, that has been condemned by the European Court of Human Rights already. MG has complained against the French Police and Justice, against Portugal and Germany and the Treaties of Shengen to the European Court of Human Rights, dossiers PP28351 and 29422/03. Complains against several lawyers following. Collectives in all three countries support his complain and demand for his immediate liberation.

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In the decision about the 1st "habeas corpus", the Court ignored the complain, spending no single word about the “habeas corpus” and declaring legality. The only legal reason mentioned in the decision are the Treaties of Shengen.
The Treaties of Shengen permit a maximum time of preventive prison for 60 days in the case of a extradition process. Michel Gaucher is imprisioned in Portugal for more than 4 months already. Lawyers tell him that by the respect of law he should be free. How to explain, that he is not? If the justice is the “Queen of Truth”, regarding all available facts and speaking the truth of well-defined law, we can disclude the chaotic force of mistakes.
There are two more possible explanations. One arising from the argumentation of the portuguese justice that Michel Gaucher has not the right to defend himself for the facts of his condemnation because his process in Portugal is defined by the Treaties of Shengen, ignoring at the same time the rights, given to him and all european citizens by these treaties. This is what we call “abuse of law”.
The Second explanation is based on the fact that the European Union is paying for european citizens, who are arrested in a foreign european country, a certain amount of money by day to the authorities which are responsible for his detention. It is possible, that the “abuse of law” by the portuguese justice is following a certain interest.
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INTERVIEW with Michel G. about torture, prison and abuse of law:
 http://www.geocities.com/freemichaelg

Shengen:
 http://luberon100gauche.lautre.net/article.php3?id_article=123
 http://www.inventati.org/mw4k/noborder2002/com_mw4k.htm
 http://flag.blackened.net/revolt/ireland/nice/analysis/police.html
 http://www.ainfos.ca/98/jun/ainfos00183.html
 http://www.iom.int/en/PDF_Files/Other/Schengenreport.pdf

Prison:
 http://cartome.org/foucault.htm
 http://www.criminology.fsu.edu/crimtheory/foucault.htm
 http://forums.warwick.ac.uk/wf/servlet/JiveServlet/download/129-3345-194204-322/Foucault+reader.pdf
 http://www.geocities.com/Athens/Agora/9095/carceral.html


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To the European Court of Human Rights

"You have to work on the complain against France, Germany, Portugal and the
Treaties of Shengen that has been done by Michel Gaucher. His dossier-number is 24922/03. A french citizen died already in the EP de Lisboa, waiting for his extradition. Michel Gaucher is epileptic and his detention in Portugal is ilegal. He has to be liberated imediately!"

European Court of Human Rights
F-67075 Strasbourg-Cedex
tel.:0033 (0) 3 88 41 20 18
fax:0033 (0) 3 88 41 27 30
email:  webmaster@echr.coe.int
 http://www.echr.coe.int

The more people speak to the ECHR, the faster they will work on his huge complain. WE ARE ABLE to stop this abuse of power and law NOW!

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activist