Court of Appeal, presidential immunity , Sarkozy , Karachi, preliminary investigation, rape , pimping , MP constitution

translation , google translation , the reference text is the French text.

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Court of Appeal, presidential immunity , Sarkozy , Karachi, preliminary investigation, rape , pimping , MP constitution




Paris , Monday, Oct. 7, 2013




Mr. Prosecutor
Paris




Subject: Done again. Judgment of the Court of Appeal

Copy to:

President of the Republic

Prime Minister

Madam Attorney
Mr. Minister of the Interior

President of the Court of Appeal of Paris
Prosecutor General to Paris

Mr. District Attorney in Lille
The procurator Lady of the Republic in Bordeaux

Mrs. Sylvia Zimmermann, Judge , Dean .
Mrs. Sabine Kheris , Judge
Madame Camille Palluel , Judge

Mr. Fillon Honorary Deputy Prime Minister

Mr. prosecutor ,

1) - What is new
Legal obstacles to the opening of a preliminary investigation to determine the truth or falsehood of the facts stated by Dr. William and brought to the attention of the court by Mr. Salomone , since July 19, 2012 , based on the reference the doctrine of immunity of the Head of State.

The new fact motivates this letter is a Judgment of the Court of Appeal of Paris Thursday, Oct. 3, 2013 . It concerns the legality of the investigation into the violation of the secrecy of investigation allegedly committed by Mr Sarkozy .

In authorizing this investigation, the Court of Appeal of Paris removes any legal facts in the study reported by Dr. William obstacle.

2) - Immunity
The theory of complete immunity of the Head of State was the only legal obstacle to the opening of a preliminary investigation of the facts of rape, pimping , embezzlement , rape and rape member of Constition , products by Mrs. William and brought to the attention of Justice since July 19, 2012 by Mr. Salomone .

Thursday, October 3, 2013, the judgment of the Paris Court of Appeal authorizes three judges to investigate whether Mr Sarkozy and abetted a violation of the secrecy of the investigation outside the financial aspect of the case Karachi. The incident took place during the period of his presidency .

This decision ends the possibility of opposition presidential immunity to the request for a preliminary investigation of the facts mentioned by Mrs. William.

3) - The judgment of the Court of Appeal
Consider the facts that led to the decision, the professional comments , the identity of this procedure with that conducted by Mr. salomone .

1 - The Facts

Families of victims of the attack in Karachi had complained June 18, 2012 against the former president in the wake of a statement issued in September 2011 by the Elysee Palace. In this text , the Presidency of the Republic stated that " with regard to the case known as Karachi, the name of the head of state does not appear in any of the facts of the case ."

This statement implied , as families, the Presidency of the Republic and the Elysée some advisers had personal access to the facts of the case and parts of the procedure, in violation of the secrecy of the investigation . Three judges had decided to investigate the complaint , against the advice of the Paris prosecutor .

The prosecution believed it was not possible to continue Nicolas Sarkozy , under Article 67 of the Constitution stipulates that the president " is not liable for acts performed in that capacity ."

The Crown had therefore appealed. He invoked the constitutional principle of "irresponsibility " of the Head of State ,

When in camera review of the appeal on May 30 by the investigating chamber of the Court of Appeal of Paris , the prosecutor's office had opposed the investigation.

The appellate court decided to uphold the order of the judges , which allows them to continue their investigation, told AFP two sources familiar with the matter .

2 - The legal comments

A- Counsel for the plaintiff
Me Olivier Morice , lawyer of the complainants families , told AFP :
a- " Mr Sarkozy will have to explain to the judges for acts of violation of the secrecy of the investigation , professional secrecy and concealment, are charged" ,
b- "It's a double blow for the prosecutor of Paris and the Prosecutor General's Office and it is a victory for the families of victims to demand accountability from Nicolas Sarkozy ."
c- "Families are finding that to advance the search for truth , they will have to act alone against the Crown . They are outraged and hope that the prosecution will not have the indecency to appeal to the Supreme Court . "

B- The judges concerned
Three judges have opened an investigation in January 2013 following complaints by families about the alleged violation of instruction and concealment .
The judges argued in their order :
- That " be established, permitting the disclosure of information from an ongoing criminal investigation does not fall within the functions of the President as he keeps the Constitution."


3) - The identity of the statutes
We're here to the same case of legal figure in the request for a preliminary investigation following information Mrs. William.

A- Karachi
1 - Families submit to the justice information that contains legally possible facts wrong.
2 - The legal debate has not focused on the legality of an investigation of a violation of the secrecy of the investigation found.
3 - The debate has focused on the possibility to open an investigation on the possibility of this offense.
4 - Mr. prosecutor and the prosecutor general have both stopped this investigation and have contested call .
5 - They did it under the principle of total irresponsibility of the Head of State .
6 - This has been reduced to its simplest expression. There is more to say that everything that the Head of State is covered by immunity. It is now understood that the immunity applies only to acts performed in his capacity as Head of State.
7 - This quality is not attached to the person but to the function .
8 - This is the person to submit to the function and not the function to fit the person .
9 - It follows that if the actions of the person is not dependent on the function, the faults which may arise are subject to legal action .

William B
1 - Mr. Salomone request the opening of a judicial inquiry into the facts revealed by Mrs. William.
2 - The fact that Ms Guillaume says this normal violence indicates that it is a violence, but we do not certify its existence.
3 - As the investigation into the alleged violation of the secrecy of the investigation , it is up to judges to tell us if these facts actually exist. If there has been fellatio forced Mr. Sarkozy by a deputy in exchange for a payment financed by the tax authorities . And therefore , setting the member prostitution paid by the tax authorities , rape and abuse of executive power against the Legislature .
4 - to borrow the words of the judges :
- The facts of rape , rape of a member , hotel procurement, embezzlement of public funds , violation of the Constitution, does not fall within the functions of the President as he keeps the Constitution.







Conclusion

The judgment of the Court of appeal invalidates all legal obstacles to the opening of a preliminary investigation requested by Salomone and on the facts reported by Mrs. William.

Please accept, Mr. prosecutor , insurance Sincerely ,

Marc Salomone