Gaston Vogel’s response to press letter Bausch and Braz

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G A S T O N   V O G E L                                          L-1660 LUXEMBOURG

DOCTOR OF LAW                                                                     74, GRAND-RUE

ATTORNEYS                                                B.P. 5

                                                                                                          L-2010 LUXEMBOURG

                                                                                                          Tél. 45.30.30

                                                                                                          fax : 25.00.86

                                                                                                          www.vogel.lu

 

 

Monsieur Félix BRAZ

Justice Ministry

L – 2934 LUXEMBOURG

email : braz.felix@mj.etat.lu

 

 

Monsieur François BAUSCH

Interior Ministers of Security

19-21, Boulevard Royal

L – 2449 LUXEMBOURG

email : secretariat@msi.etat.lu

 

 

 

Luxembourg, June 25, 2019

 

Official letter to Ministers BRAZ and BAUSCH

 

Excellencies,

It was with astonishment that I read your press release regarding the secret file.

It is not without arrogance and contempt for the citizen – your peer.

You know the deep respect I have for you, but this time I must disappoint you.

You definitely didn’t understand anything or wanted to understand.

You have no idea of ​​the shock which shakes the litigant who suddenly finds in the file which is the subject of his summons to court, curious reports out of the hat or what amounts to the same of the “databases of the Grand Police”. ducal “.

These documents, which have remained completely unknown to him, and therefore secret, relate facts which have nothing to do with the current case.

There is gossip, gossip from neighbors, Beschass, corridor noises and even complaints which have never seen the start of any legal proceedings or which have been either classified for lack of sufficient evidence or never prosecuted.

These reports were drawn up in secret, without the person concerned having been summoned to take cognizance of them and thus having had the slightest possibility of contradicting them.

The unverified “facts” thus lie in the file in their gross nudity where they weigh on the conviction of the Judges.

Fair trial is thus compromised.

Semper aliquid haeret – said the Romans.

A Minister of Justice should be deeply shocked that such mistakes could be “legal” at the judicial level.

To better understand the full scope of the problem that is decidedly eluding you, you would do well to read the judgment rendered on July 12, 2018 by the Criminal Court of Luxembourg.

One finds there this symptomatic expected which takes probative value for the thesis which I support.

“The police officers proceeded to search for use in the police databases. They thus found complaints (…) which were never prosecuted, which was confirmed by a letter from the Public Prosecutor “.

 

And yet these files were joined to the case which resulted in the above decision.

It’s a scandal, isn’t it, Ministers?

Hopefully it will never happen to you or rather hope it does happen to you.

You would have finally understood.

 

*

And what about your total lack of understanding when it comes to acquittal decisions or rehabilitation orders that continue to simmer in the famous archiving … obviously to be consulted, commented and appended to a file in due course tutorial.

Such decisions which cleanse a citizen of all reproach should be erased everywhere and forever.

You dodge the question knowing that this is a terrible scandal.

*

You should review with your advisers those things that strike the spirit and above all the heart of judicial democracy.

Finally, recognize that the 2018 law not knowing this expressis verbis file cannot therefore serve as a basis for it.

Know, my dear Ministers, that in a field which touches on Human Rights, this is the substantial marrow of our whole judicial system, reasoning by analogy, that is to say, bet not bearing.

It is customary at POUTINE and ERDOGAN.

And the fact that this has been practiced for a very long time does not detract from its illegality, its arbitrariness.

This “tolerance” only throws an oblique ray on the politicaille which left this mess in good condition without touching it.

*

I had a Homeric laugh when I learned that His Excellency, Minister BAUSCH, is going to seek an opinion on this very serious issue from the very independent General Inspection of the Police.

Congratulations!

There at least it is sure to emerge unscathed from the bee-eater completely soothed and reassured.

But why does he need to surround himself with advice over and over again?

At first to save time.

We pass on the solution to others and calmly await their cogitation.

This is the “Zerredungsprozess”.

Or he doesn’t have the ability to understand the simple things, the obvious.

It would be unfortunate for him.

It is however less complicated than the CO2 where it excels.

Receive my feelings.

 

Gaston VOGEL

 

 

 

 

 

 

 

 

 

 

 

 

 

GV/FT

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