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Gaston Vogel writes to the ‘bâtonnier’ about “secret” cases and a whispered letter to the Minister of Justice

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études Gaston Vogel

Letter to the Chairman of the Board on May 31, 2019

Vogel à Mr Pregno

Mr. President,

I was seized by Mr. X. of a singular file which brought up the very dark and little known question of the exploitation by the Prosecutor’s Office and the Police, of a secret record called file and where are informed of scattered elements of the life of a citizen, consigned by police officers, in the greatest secrecy and therefore in total violation of the essential rule of the adversary accompanied by control and recourse.

*

Here is the story of Mr. X. who was confronted to his biggest surprise with his secret locker.

During a professional interview with the State, his interlocutors suddenly submitted personal data to him which read as follows:

“It appears from our files that Mr. X. was questioned by the police in two cases relating to the following alleged facts:

  • Self-inflicted injuries and injuries resulting in incapacity for work;
  • Contempt of agent. “

Which files?

It is undisputed and indisputable that X. was never interviewed by the police for any of the two alleged offenses.

None P.-V. was not pitted against him.

He never had a trial start for anything.

He was never convicted at any time, and no proceedings are in progress in connection with these facts, which thus remain in the state of an assertion made with blameworthy lightness, to remain a bit courteous.

The professional interview ended on this secret locker – incredible.

*

From this account, it must be assumed that each citizen has, next to his normal criminal record, a secret record in which the police will write as he pleases, without control, without recourse, without the slightest concern for adversarial .

It’s frightening.

It is suffocating to live in a society where such deleterious secrets can be opposed to you with the disastrous consequences which were those of the present case.

*

I found the case so serious that I seized two deputies who were going to question the Government on this subject.

The answer was communicated to them on 05/27/2019.

You will read it in the appendix.

From the second passage, which I took the liberty of pointing out, you notice that the Government is fleeing the confession that such a record exists.

He comes back to it in fine.

These are practices worthy of totalitarian regimes.

It is customary with Erdogan and Poutine.

I have many worrying questions – one of them concerns the fate reserved in this file for convicts who have benefited from a judicial rehabilitation.

Let us remember that the characteristic of a rehabilitation is to ensure the cancellation in all its aspects of the penal past of an individual.

According to certain information obtained, but which remains to be verified, even rehabilitated, the citizen finds in his file all the criminal past.

I am of the opinion that your Council of the Order should communicate its deepest concerns to the Minister of Justice on this matter.

It is inadmissible that a second locker exists next to the official one.

A criminal record built up without any concern for contradiction is a horror that annihilates everything that can be expected from correct justice and respect for basic rights.

Sincerely yours.

Gaston VOGEL

I decided on this last paragraph and would also like to have insight into my “secret” cashier. I’m looking forward to doing so to other fellow citizens as well. It would be time, in this context, to set up a citizens’ action! Avis aux amateurs !!

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