Tag Archives: theft

The Right to Normality – Le droit à la normalité

7 Jan

Ce qui suit est destiné à faire écho à la remarque d’Eleanor WHITE et qui se trouve au dernier paragraphe de l’article https://etouffoir.blogspot.fr/2018/01/les-recettes-du-harcelement-criminel-en.html

Le texte suivant est un résumé d’une requête présentée à la Cour Européenne des Droits de l’Homme en 2010.
Cette requête avait été présentée en français et en anglais.
La version française avait été mise en ligne sur un blog. De façon inhabituelle , la version allégée de ce jour , est composée d’extraits de  la version anglaise.

Le droit à être traité normalement , comme tout citoyen respectueux des lois, est une revendication commune à tous les individus ciblés par le harcèlement criminel en réseau.

L’incompréhension et la stupeur des cibles de harcèlement criminel en réseau , face aux réactions des forces de l’ordre et de la justice nationale qui les empêchent d’accéder à une vie normale , semble être la même dans les pays dits démocratiques du monde entier,  où les cibles apparaissent comme des sous-humains,  privés du droit à faire reconnaître les délinquances et crimes subis ,mais contraints de payer leurs impôts ou leurs factures.

Ci-après , des extraits de ma requête à la CEDH

For more than ten years now, I have been the victim of continuous, complex violence and violations, not to mention a gang rape.

From 2001 onwards, my vehicles but also my home were continually broken into every time I was absent from home. During the years of these violations a rape, thefts, damage, insults and threats were committed. I was constantly followed and placed in abusive situations, entailing considerable expense.

The only way to describe the method used for this deliberate destruction is to imagine uninterrupted gunfire from different, complementary angles, with a single purpose: to destroy the target.

I am that target, sometimes a prey, sometimes a toy. I am a woman alone, isolated now, a victim sometimes despised, sometimes ridiculed or deliberately humiliated.

To deal with this unimaginable situation I turned to the State legal services for protection, as would any citizen with nothing on her conscience. .

To clarify this rather complicated case, in a necessarily abbreviated form, I will furnish merely a few distinct examples, under four headings :

– the manufactured psychological context: rumours, image destroyed,  insults

– total insecurity : break ins, thefts, damage, spying,

– rape denied by the courts : rape

– other denials : complaints , procedures

RUMOURS, IMAGE DESTROYED, INSULTS
Repeated, converging rumours gradually presented me as deranged . All my acts and behavior were interpreted to give grounding to these rumours.
…..
In 2004, the door-keeper and her husband, made bold by their supporters, went so far as to insult me, for no personal reason, in the hall of the building: «  whore, bitch… madwoman… she’s driving us up the wall»
My complaint, filed in Paris against them for insulting language in November 2004, was declared a nonsuit in March 2006.
Because this case received no action, other offenses followed.

On 24 December 2009, my next door neighbor, of whom I knew merely the profession (artist), stood on the landing outside and shouted, for the benefit of the neighbors, that he would « have me sent to a mental hospital ». After shouting this three times, he called me a « bitch, worse than shit, unscrewable » and interrupted my protests with « shut your mouth, bitch ». He ended with  » I’ll break you « .

BREAK INS, THEFTS, DAMAGE, SPYING

These unwanted visits resulted in broken crockery in the cupboards, clothes torn or stained with ink in the wardrobes, objects damaged by small knocks, carpets torn and cut with cutters, furniture damaged by tearing off surfaces, burning with acid, holes and blows by heavy objects. Electrical, electronic and IT equipment was broken or put out of service.

My cars, parked in the street and opened with copied keys, were similarly damaged: thefts, locks broken, batteries emptied, tyres punctured, various objects removed, electronics interfered with etc.

To give but two examples of these organised destabilizing tactics, my cheque book was stolen from the apartment during one of these illicit visits and found several days later in plain view on the back shelf of my car, which was locked normally.

Documents filed and placed in a cupboard were found littered on the floor of the sitting room despite the fact that the apartment was protected by a burglar alarm in my absence. The alarm system log showed no indication of an intrusion.

These stressfull anecdotes seem improbable but they should have been investigated by the police when I complained.
No policeman came to investigate.

RAPE
In 2002 a gang of rapists entered my apartment (locked and bolted) during the night. I woke from a deep sleep to hear their voices around my bed. I tried to move, but my body did not respond to the orders of my brain. I was knocked unconscious and raped with no protection.
The next day I found bruises on my arms and legs.
…….
Given that I was the victim of a rumour campaign describing me as « mad », I choosed not to file a complaint with the police.

However, in 2007 I denounced this rape, once I had proved that I was not mad and explained the stratagems set up by my mother’s solicitor and their purpose: to eliminate me so that my brother could inherit both my mother’s estate and mine.
……
In France, judges informed of a rape have the obligation to inform at once the Public Prosecutor who must order an investigation.
Neither of these two magistrates contacted me or interrogated me following my denunciation of the rape.

The rape was not added to the list of my complaints by the examining judge.

This offense was denied by deliberate omission by the judges as of May 27 2007.

COMPLAINTS AND PROCEDURES
Throughout this series of violent acts, I filed many complaints about the various incidents.

The fact is that my position as a victim was mainly denied by representatives of the State, sometimes cunningly, often by criticism or ridicule.

Refusal to inform
On February 6 2008, the examining magistrate ordered a refusal to inform without proper motivations (as requested by the article 86 of the Code of penal procedure)

Court of Appeal
I appealed against the refusal to inform in the Paris Court of Appeal, on the grounds that this case had been dealt with,  haphazardly and carelessly,  in view of the letters from the examining magistrate dated July 25 and October …..
It seemed clear that these irregularities , plus the nullified and absent report on my hearing of June 7 2007,  implied that the examining magistrate was not in possession of the necessary facts on which to base a decision.

My appeal was therefore based on those inconsistencies.

Court of Cassation
In its report, G 09-80. 819 , dated 23 April 2009 the rapporteur of the criminal division of the Court refused the appeal on the basis of Art. 590 of the Code of Criminal Procedure, which requires that reference be made to the laws the violation of which is invoked.

In the same report dated April 23 2009, the rapporteur repeated the inventions of the investigating chamber: « imaginary allegations … exacerbated persecution complex », without reference to the article in the Code of Penal Procedure incriminated.

Various actions, omissions and décisions in this case have violated Arts. 3 , 6.§ 1 and 8 of the Convention.

Violation of Article 3 of the Convention

« No person shall be subjected to torture, nor to inhuman or degrading punishment or treatment »
……
Policemen and magistrates have also participated .

This treatment by the public authorities began with the words of Mme R, a policewoman, who, talking to me , of me, used the term « mad » on November 23 2003.

In 2005 , Mr B. , a policeman, shouted :
 » She has a persecution complex… she doesn’t want to be treated… she has fallen out with everyone. It was the same in Paris ».
……..
My supposed state of derangement, as decreed by judges not qualified to diagnose it, thus became an officially acknowledged stigma.

The language used was sometimes, cleverly, on the borderline between the psychological and the psychiatric: « eccentric… extravagant .»
Those personal value jugement were used to describe me , instead of investigating the offenses I kept on mentioning ..
…..
Fighting alone against the all-powerful State bodies to make them admit that I am a victim and a normal citizen has been a traumatizing experience and the moral suffering has exhausted me. Hitherto my fight has been in vain.
…..
The rape accusation in 2007 was ignored and hidden by the representatives of the French State at the highest level, yet their function and French law require them to take the complaint into account and investigate.

Denial of rape also increases the victim’s suffering and leaves her no chance of reconstruction.
…….
In my case, the gang rape, in my apartment, after placing me in a state of dependence, was a degrading and humiliating experience and violated my right to physical and moral integrity.

Violation of Article 6 § 1 of the Convention

« All persons shall have the right to have their cause heard equitably, publicly and within reasonable delays, by an independent and impartial tribunal set up by law, which shall decide, either on the contestations arising from civil rights and obligations, or on the grounds for any criminal accusation against them ».

In my complaint n° 204/00037 filed in Angers in 2004, the investigation of the policewoman, Mme C. clearly notes the examining magistrate’s refusal to allow any search of my home.

« the judge issuing the order stipulated that it was not necessary to investigate at the complainant’s home. These observations would add nothing to our investigation. »
……..
In June 2007, two documents from the file processed by Angers disappeared: the report of the hearing and the report on the observations in my home.
…….
Actually , these actions which happened to heap ridicule on a victim (me)
turned out to appear as a parody of justice.
…….
The examining chamber then grounded its order on the fact that my previous complaints about similar, but not identical, facts had given rise to dismissal of the case.
It adds, in the absence of any result of investigations that were not pursued, that this case is based only on my imagination driven by « a form of exacerbated feeling of persecution ».

It stated too, that my complaints were not criminally qualifiable .
The deductive reasoning which ends up in this conclusion seems to be that since I am said perturbed, then I am not « trustworthy » and so are not my complaints .
…..
In fact, because I was catalogued as « disturbed » and « affabulating », I simply never benefited from an impartial treatment of my complaints.

The order from the Criminal division of the Court of Cassation on September 1 2009, refusing to admit my appeal, is also in violation of article 6§1 of the Convention.

This judgement, which relies on article 567-1-1, declares that there were no grounds allowing the appeal to be heard, without detailing what those grounds might be. Article 567-1-1 provides that the appeal must be declared as not admitted where it does not present « serious grounds for cassation ».

Violation of article 8 of the Convention

« All persons have the right to privacy in their lives, homes and correspondence.

No public authority may interfere in the exercise of this right, unless this interference is provided by law and constitutes a measure which, in a democratic society, is required by national security, public safety, national economic health, defence of law and order and prevention of criminal acts, protection of health and morals, or protection of the rights and liberties of third parties ».

The first line of the Convention asserts the right to privacy in the family, home and correspondence. It goes on to confirm that public authorities may not interfere in the exercise of this righ
…..
By suspecting me, indeed accusing me, of disorders or illness that had been neither observed or named by specialists, the police and examining magistrates clearly violated my privacy.
…..
By the same token, they damaged my reputation by formulating these accusations of behavioural disorders invented for their own convenience.

These manoeuvres and humiliating criticism also violated my right to dignity.

All these procedures by the public authorities thus interfered in my private life
…..
The right to privacy in the home implies that the home is inviolable. It is guaranteed by the Convention and the member States.

It so happens that no report on the violations of my domicile was ever made. The two reports expected ( dated 14-6-2005 and 8-6-05) do not appear to exist.
There was therefore a deliberate intention on the part of the State representatives to hide the extreme situation that I experienced, and do nothing.
It would therefore be appropriate here to consider that these violations and their consequences are proved, because the method of the ostrich hiding its head in the sand, used by the French State, leads us to suppose that the absence of investigation and reporting,  prove precisely that I must be telling the truth.

The incessant violations of my privacy deprived me of normal security and enjoyment of the apartments I was living in.

The privacy, security and well-being in my living spaces were denied me for ten years through the inertia or inefficiency of the authority that guarantees them. The consequences were destruction and incessant thefts.
*******
Furthermore, I wish to draw the attention of the European Court of Human Rights to the right, not observed in my case , and cruelly highlighted by it:

THE RIGHT TO NORMALITY

which would serve to protect many woman ( humans) at the basic level of acts of justice in Europe and throughout the world.

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