ANB-BIA SUPPLEMENT

ISSUE/EDITION Nr 415 - 01/07/2001

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Africa
«Black Silence» — «Black Lawsuit»


JUSTICE


Following the publication of the book «Black Silence»,
«Black Lawsuit» constitutes the second phase
of a double indictment of the crimes of African dictators

«Black Lawsuit» was published in Paris on 19 May, and should prove to be a major success in Africa. At least, that’s what the author, François-Xavier Verschave and his publisher, Laurent Beccaria are hoping for. In a press release they state that «this new book will spread like wildfire throughout Africa». They justify this by the fact that the book is a record of court proceedings on 25 April 2001, during which a court of law decided the author and publisher had no case to answer regarding their preceding publication, «Black Silence».

In «Black Silence», Congo-Brazzaville’s President, Denis Sassou Nguesso was described as being responsible for «crimes against humanity»; Chad’s President, Idriss Déby, was called an «inveterate murderer» and being «involved in counterfeiting»; Gabon’s Omar Bongo received the sobriquet of a «Regional Godfather heading a predatory democracy». The three Presidents were outraged and took out a libel summons against the author and publisher in a Paris court. The charge? Insulting a head of state».

The press release went on to posture that if the accused had been found guilty, then there would have been even greater threats made against certain Africans (or their close relatives), who at the risk of their lives are bringing into the public domain what’s happening in their countries.

Satisfied Africans

The press release is signed by the association, Survival, (Verschave is the director) and the publishing house, Amphitheatre (Beccaria is the manager). The press release makes clear that «henceforth Africans will feel they’re no longer alone» and that the book «Black Silence» is going to give rise to a lot of debate, and will enlighten the French and the Africans about the background to many of the investigations currently taking place in France (Elf, Falcone, Gaydamak, Sirven, Pasqua, Mitterand, etc) and how they’re inter-connected.

Verschave’s revelations have been well received by many Africans who’ve read the book — people like Senegal’s former prime minister, Mr Mamadou Dia. On 26 April, Dia sent Verschave a telegram congratulating him on «the successful outcome of the lawsuit» and «assuring him of his support». Dia also encouraged the author to «carry on with the struggle». When the court case first opened, Dia had sent Verschave a telegram (dated 27 February 2001) assuring him off his «friendly and brotherly support» and hailed his «courage and the excellent work he was doing on behalf of Africa».

Courageous attitude

Justifying its decision, the Court considered that «the offence of insulting a foreign head of state» was incompatible with Articles 6 and 10 of the European Agreement on Human Rights.

The press release clarified that the accusation «insulting a head of state» is a legacy of the law governing the Press and the crime of high treason (1881). A law under which such characters as Mussolini, Hitler and Duvalier were able to take the Media to court (and win) their cases. But counsel for the defence in this particular court case, lawyers such as William Bourdon, Antoine Comte, Francis N’Thepe, were able to turn such legal niceties to their clients’ advantage.

The press release concluded that as France has just ratified the statutes governing the International Criminal Court, it has become somewhat difficult to stop people from pointing the finger of accusation at those responsible for crimes against humanity, and at counterfeiters, especially when the crime rate is ever on the rise. The Court took a brave decision in the tradition of French justice.


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