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Legal Chronology On Appeals Legal Document |
On the 22nd of May 1994 Barry Braimah, an African-American tourist from New York, flew from Madrid to Paris to meet an old friend before travelling home. He arrived around 2:00 pm at the airport and a few hours later he entered the hotel "Aurore" to meet his old friend. It turned out that the person was under police surveillance for drug trafficking. At the hotel Barry walked right into the police surveillance and got arrested. Unaware and not being informed about the reason of his arrest, Barry defended his rights "aggressively" at the police station. He asked for a lawyer, was not willing to sign anything and he kept asking for an US Embassy representative. The police countered by isolating him before talking to him. For three days they locked him up, poorly fed, without a blanket and insufficiently clothed in a cold cell. After this intimidating "softening up" procedure the interrogations started. Despite his apparent innocence (he was not arrested for possession nor for doing any misdeed whatsoever...) from day one the police were convinced of his guilt on being an accomplice in drugs trafficking.
Barry, who didn’t speak French at the time of his arrest, was just rarely provided with a translator during the interrogations. Therefore he was not able to communicate well or sufficiently clarify matters or questions to the French police. Besides that, the police showed a great disinterest in his explainations and clarifications and they failed to check them properly.
For example when Barry stated that he was in Europe to visit his girlfriend (in Madrid), they just told him that this woman didn’t excist, and as he told them that he worked as a cab-driver in New York, the police reacted by telling him that for "someone like him" it isn’t possible to invest in a taxi without making money on illegal activities first. Phonecalls to both Spanish or American authorities to check out were never made. The police filed their own interpretations of Barry’s words in their records. The police records carry more contradictions... For example the arrest report of May 22nd states that at 1:15 pm an African individual who had already been seen with the person under surveillance entered the hotel, it was a black man, about 20 years old, about 1.80m tall, average weight, stocky build, wearing jeans and a green jacket. At 6:40 pm a man corresponding to this description was arrested at the hotel and identified as Barry Braimah. There is no doubt that Barry arrived at the airport at 2:00 pm that day. Besides, the stamp the Spanish authorities put on his passport indicates that he left Spain on May 22, 1994, so there is no way that he could have been seen before at the hotel in Paris. Not to mention that Barry was 32 years old and not 20, and stood about 1.93m and not 1.80m, and was wearing light brown pants and a black and white jacket instead of jeans and a green jacket. Though Barry matched on one item, he is a black man too. It is obvious that Barry was mistaken with another person and just happened to be in the wrong place at the wrong time.
However, there was a base for his later conviction. Shortly after being arrested, Barry did sign only one document with the understanding that it was a request for a lawyer to aid him. The document was drawn up in the french language and was not translated for him. Indeed it was request for a lawyer, but the form also stated (in French!) that Barry took cognizance of the facts for which he had been charged and the charges against him (even though these were not clarified to him before...). It turned out later that in essence Barry herewith signed a confession of being guilty on drug trafficking as a part of an organized gang in France during 1992, 1993 and 1994 (note: Barry has never been in France before May 1994 and he first visited his fiancee in 1993). By the time the police interrogations were almost over, Barry was finally assisted by a lawyer for the first time...
Besides everything mentioned above, more irregulations occured during the investigation period. Like the several racist remarks of which Barry complained about. And the American embassy, which was never notified of his arrest. Or the $1.000,-, the Pts. 8.000,- and the camera which he had on him by the time of his arrest, despite of all his requests none of these items were found/returned later. After being held for over a year, three people were finally allowed to visit Barry. Earlier and other requests for a "permis des visit" by friends and family members were denied without giving reason.
After twenty months of being held without trial, bail or sentence, Barry was convicted by France’s "Cour d’Assises Speciale", a court which was set up under the "Pasqua Laws". These laws were instituted under the former French administration during a time of heightened xenophobia and backlash against minorities and foreigners in common in some segments of french society, particularly among french police (according to Amnesty’s documents) and they for example provide the police with a license to stop, held or arrest everyone who "looks" suspicious... Anyway, the court has to deal with international terrorism and trafficking. Once tried by this court, one has no possibility or right for an appeal! For this France over the years has received heavy criticism from international Human Rights organisations and legal/judicial watch groups. Indeed it is shocking, especially if one takes into consideration that this court has a 99% plus conviction rate on minorities (according to research published in the French newspapers Le Monde and Liberation) and greatly increased, if not doubled, the terms of sentences for persons convicted for drug trafficking in France.
In Barry’s case these laws and its court also turned out to be one of the worst in its kind. Even though the prosecutors failed to produce any evidence in court there was no presumption of his innocence. Barry was sentenced to 18 years in jail! This means that he would be nearly 50 years old by the time of his release... Even if Barry was guilty of any or all of the charges against him, this still would be an extraordinairy long period, which goes far beyond that what is seen as standard within civilized western countries! Besides the Pasqua Laws, other reasons may have led to this extreme sentence. First, most of the irregulations already mentioned above could not be brought up in court. Barry was not allowed to speak out for himself in the courtroom and his lawyer failed to reach the courtroom in time. The first hearing started at 9:00 am, his lawyer arrived at 11:00 am, by the time the hearing was over... The absence of the lawyer was not enough reason to postpone the hearing! Another reason is the highly questionable racist remark made by the prosecution during the trial. The procecutor stated: "...Because Barry is of African descent, nothing less than an extremely long sentence is called for, because Africans are NOT BOTHERED by prison, where conditions are better than what they are accustomed to in their normal lives...".
Very hard to believe, but this urge seemed to be convincing enough to the court as two other (white) defendants who were caught red handed (drugs was found on them!) in this case, were punished just half as hard as Barry.
So far Barry’s case went into an impasse. All legal resources are exhausted. A demand for a presidential grace, supported by a letter-writing-campaign of Barry’s friends and family members to the French president Chirac has failed. No letter was ever answered. The American Embassy in Paris fails to help Barry because US government can’t intervene in the judicial system of other countries!?!? There is just very little real hope that this injustice will ever end.
So today, many years after his arrest, Barry still has to suffer the extreme and cruel prison conditions in France. First Barry was detained at the MAVO prison in Paris. This prison is known as "the suicide motel", ...the one were you check in, but you might not check out! Suicides among fellow prisoners were horrendously high, all caused by deplorable prison conditions and malnutrition (poor feeding).
From december 1997 till january 1999, Barry stayed at Fresnes-prison just outside of Paris. Fresnes is a so called "transit prison" from where long term prisoners are sent to permanent prisons in France. Fresnes-prison is also known as a "living hell". The prison has been constructed by the end of the last century and during WWII it housed many resistance members before they were sent to Germany to be executed. Unlike other prisons Fresnes wasn’t torn down after the war. The facilities are as old as the building... The cells are not heated, so during wintertime Barry often had to sleep with his winterclothes and gloves on. There is no hot water and no method to heat water. The heating coil he had left from the other prison was taken away from him by the authorities. At first Barry shared a small cell together with two others. Prisoners are allowed to leave their cell for only two hours a day. By the time he arrived at Fresnes he found a bucket in the cell. This bucket wasn’t meant for washing up clothes but for receiving the food from the food cart which passes at meal times. The three of them got the food dished out into this bucket and it was for themselves to devide it up...
A few months after, Barry was moved to another division at Fresnes. Since then conditions increased a little. He had only one roommate and was able to take classes in the morning. These classes were far below his level of education, but he did follow them anyway because it the only opportunity to get out of his cell for two more hours a day... At the new division the food was served on a plate but still inedible and insufficient. The weekly menu was shocking, only two small meals a day. Barry ate even less than that, he had to reject some of the meals because he is a moslem and couldn’t eat any pork. Substitutes were not provided. The rice and patatoes often came alone, as well as the spaghetti mostly came without sauce. Barry could supplement this diet a little, thanks to outside contributions he was able to buy expensive cans of sardines and tuna to moisten the dry food. By that time his weight had dropped down to 63 KG (note: he is 1.93m tall!).
Guards at Fresnes are from hell, yelling at prisoners, banging doors on them and rushing them out of the shower (only allowed for 10 minutes, once a week). This kind of behaviour against Barry only decreased a little after the guards discovered that Barry is from America and not from Africa. Little things mean a lot in there...
Fresnes, like every other prison in France, charges prisoners with outrages amounts for almost every item, like for example tooth paste, coffee, extra food, burning tablets for heating coffee, envelopes, sugar and even toilet paper! Most shamefull are the charges for medical facilities and clothes. Without outside support, Barry by that time would have never gotten his glasses as well as a new pair of shoes (his first in 4 years!). One really fears for those who don’t have any outside support!
At Fresnes, Barry had no access to a phone, so contact with friends, family or a lawyer was only possible by mail or visits. Visits were only allowed once a week up to 45 minutes. By that time, Barry’s only two regular (weekly) visitors were Earl & Donna Evleth, two american Human Rights monitors living in Paris. Except for the visits they also investigated (as far as possible) every little detail of Barry’s case and every possibility which might lead to an early release. Since August 1998 another visitor, Lars Bakker from Holland, succeeded in obtaining the "permis des visit". Ever since he drives down to France four to five times a year to meet Barry.
In January 1999 Barry finally has been moved to Clairvaux Prison, about 250 km south east of Paris, where conditions are better though still deplorable. For example Barry is now able to take part in some sport activities, can take a shower every day and has a (though less than minimum paid) job. Due to the less worse food conditions, he was able to regain weight and is now back to 82 kg, which is more normal for a person of his size. The visiting hours are more extensive at Clairvaux Prison. Visits are allowed every day for 2,5 hours, without giving notice in front.
Incoming and outgoing mails are still opened and checked by prison authorities before given to Barry. Barry is not bothered at all by this, actually he hopes that they read all his mail so they will know that he isn’t a criminal and that he is angry as hell about their injustice. Besides that, there is always a possibility that the thoughts expressed in his correspondence may reach out to the hearts of those in authority...
Words cannot express the effect that this whole situation has had and still has on Barry for so many years now. Even though he has been both physically and mentally hit very hard by the cruelty and the inhumanity of the French legal system, he still has not lost faith and is willing to fight for his justice. It is really admirable that he still finds the strength to keep on going because feelings of hopelessness are easy to consume, especially with a sentence that long. One of the things that helps him most in keep on going in his situation is attention from the outside world. Sharing his experiences and the horrible atmosphere with others, as well as receiving messages of encouragement and help from the outside has given him a purpose and reason to live and fight for. Another thing that Barry does to survive, is helping out his fellow prisoners as much as he can. For example, he writes letters to family or lawyers for the illiterates as well as he is reading and explainig their legal files to them. He also shares his old clothes with the ones who are really in need. Even under his cruel circumstances, he seems to be more concerned about others rather then himself...