ANALYSIS OF THE RESPONSE GIVEN TO MOSAR AND ROTH MEMBERS IN THE CONTEXT OF QUESTIONS POSED IN RELATION TO THE SECRET LOCKER
RESPONSE TO RESPONSE
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In hand the response of the “ponseurs” of the Government.
With each sentence, we feel the discomfort, the embarrassment of having to find all the same and upside and against all good sense an explanation for this monster that is and will remain the file of the Police, a file that moves in secret next to the locker which is entirely subject to the discretion of the Police, which must be deemed arbitrary until the person concerned is summoned to be informed of what is written on him and what is archive against it.
Let’s take a closer look.
- Legal basis
We learn that the central file, which was to be covered by a Grand-Ducal regulation on the basis of a law of 2 August 2002, has remained in the clouds.
The work relating to an overhaul of the grand-ducal regulation of October 2, 1992 was never completed.
After a critical opinion from the Council of State on this project, the work never resulted in the adoption of a regulation in due form.
It is a confession that the file is based on nothing until 2018 but continued to operate anyway according to the only errors put in place by the Police who were doing their best in illegality – but still without emotion gets along.
And everything that was picked up in this illegality remains archived!
It is part of the mirabilia of politicaille.
- We are told that the law of 1 August 2018 on the protection of individuals with regard to the processing of personal data would now constitute the legal basis of the file.
It’s wrong.
There is nothing on such a file.
Bodry offered them an indirect interpretation.
Shouldn’t this former lawyer know that all reasoning has bet and other fallacies bring no solution, while we are in a matter that touches the very substance of Human Rights, therefore to the highest public order and who consequently does not authorize any fanciful interpretation?
Not knowing it should result in reimbursement of the study costs.
Let us add that it is characteristic of dictatorship regimes to use interpretation by analogy when the texts do not lend themselves to their dark desires.
“There is no citizen,” said Montesquieu, against whom one can interpret a law, when it comes to his property, his honor or his life. ”
∞∞∞
- As for the errors followed to date illegally
The Ministers inform us that the central file contains all the minutes and reports drawn up by the OPJ.
The report is a document that goes far beyond minutes.
It contains appreciations on an individual, the rumors which run against him, the suspicions which, in the end, did not give anything and other judgments harmful for the honor of a person, a quidam who was never warned to this subject and confronted with what is written about him: there is not a beginning of reason to trust anyone on this point, even OPJ.
First, let’s note that a fortnight ago, we were told in high places that the police file would not contain anything that would not coincide with the locker.
Lies.
We now know that it contains a lot of repressive data that is not entered in the locker.
∞∞∞
- The manager of the fanciful file is the Director General who is solely in charge of this file.
The Ministers write with the customary innocence: The power of supervision and direction of the judicial authorities over the OPJ does not confer on them a direct right of inspection over a file of the Police, even if this file contains minutes and reports prepared by the OPJ for the attention of the judicial authorities.
SREL, on the other hand, is better housed.
It has direct access.
It’s the height of cynicism.
Archiving
- They then tell us that behind the file itself, opens a large archive barn of which we knew nothing until today.
The minutes and reports would be kept for ten years in the central file to be archived thereafter.
For what purposes?
Archive what is hypothesized to be reused at the appropriate time?
∞∞∞
- Sub 8 and 9, we learn that the judicial data are not deleted from the file, even if they are hypothesized, completely washed by acquittal or rehabilitation.
And this is a monstrosity.
∞∞∞
- The press release ends with breathtaking information:
“If the police are aware of an acquittal that has been final, the data is transferred to the archives.”
How can we dare to justify such total monstrosity?
If the Police are not aware that a person prosecuted on one count or for several offenses has received an acquittal, the file continues to provide facts which have lost all reason to be kept there.
Who then informs the police that an acquittal has taken place and who will order the police to erase the whole case?
Presumably, the police will not do this sua sponte research – they will simmer the dish until it rots to be used when the time comes.
However, an acquittal is an event for a citizen falsely charged – an existential event – a moment in his life – a date he will always remember.
It is washed erga omnes whether the acquittal is pronounced for reason of doubt or simply, and this after legal trials often very humiliating and very painful – and yet, here are bad geniuses who keep this file washed of all reproach somewhere in a archiving.
What term should be found in the dictionary to qualify such an enormity?
∞∞∞
The Government, instead of biasing, would do well to ensure that harmful things are thoroughly reviewed and corrected.
- The active and completely transparent collaboration of any citizen mentioned in the central file, be it in a report or a report.
Everyone must have the right to contradict those who write about us in our absence and without the slightest control.
- The file must know the absolute rule of total forgetting.
There is no place for the archiving of minutes and reports which have had no follow-up and especially for the archiving of decisions acquitting the citizen and ordering the State to pay the costs of an unjustified prosecution.
Archiving acquittals is a veritable monstrosity.
The archival barn must definitely be closed.
Gambists who claim to be the champions of human rights have no excuse to continue a dark policy that is harmful to social harmony.
Ministers who are not sensitive to understanding these basic things would do well to resign.
June 18, 2019
Gaston VOGEL
