By having to Mr., The president of T.G.I of PARIS
4 comic book of the Palace 75055 PARIS
CESSATION OF A PUBLIC DISTURBANCE TO ATTENTION.
ARTICLE 809 of NCPC
OR SO THAT RESPECT BE OUR CONSTITUTION.
« RIGHT of the VICTIM ON THE TERRITORY FRENCHES »
Mr. victim LABORIE André
Certain actions of magistrates of the wooden floor from Toulouse.
Under the control and the authority of the Department Of Justice as hierarchical manager.
The YEAR two thousand fourteen AND IT:
Has REQUËTE :
Mr. André LABORIE lived in the 2 street of the Forge 31650 Saint ORENS, Born 20 May 1956 in Toulouse job seeker.
WE, BAILIFFS OF JUSTICE
HAVE GIVE SUBPOENA A :
To appear: Owing Mr., The president of the Courtroom of Big Authority of PARIS sitting in the place ordinary at PALAIS DE JUSTICE, situated 4 boulevard of the Palace 75055 PARIS. Ruling In the shape referred And at the interested attention which will hold herself Wednesday June 11, 2014 at 13 o'clock 30 and by ahead the Hall referred: Right common.
Have to appear in person for you or be yourselves to attend or represent by a lawyer.
Remembering you than in lack of appear in the expressed conditions above, a decision can be taken to encontre on your contender 's only assertions.
APPEAL To MR. MADAME PRESIDENT.
For a better understanding he is product one chronological following plan:
APPEAL To MR. PRESIDENT
I - MADE AND PROCEDURE
Mr. LABORIE André was attacked personally by magistrates from Toulouse in complicity of lawyers and bailiffs of justice in the only goal to make obstacle to several committed lawsuits at encontre in front of the mainly victim jurisdiction from Toulouse in correctional matter and for very grave facts of which I found myself.
That the instigator main of these ways made installations and denounced the authorities Department of Justice for numerous years were made to the prejudices of Mr. LABORIE André who found himself victim as well as its right airs.
These ways of facts which are below picked up again were diligentes by Toulouse 's wooden floor represented by his District Attorney preceding: Mr. VALET Michel.
That this last continued the same practicals taking his functions in April 2008, covering with such a ways of denounced facts judicially.
Either these denounce are stayed under silence by Monsieur VALET Michel General District Attorney of Toulouse and of its hierarchical manager Monsieur DAVOST Patrice Procureur, it two acting dans them functions of magistrate of the wooden floor under the Attorney General 's responsibility.
The question who sets herself :
Why did the Department Of Justice up to date with such a facts not act while law was him allowing.
Than highest jurisdiction grabbed under the authority of the Department of Justice represented by his different ministers Are all refused to intervene While they had the opportunity on foundation Last subclause of the article 30 of the code of penal procedure resulting law of March 9, 2004 Who complete definite on this point general dispositions Of the article 5 of the prescription of 1958 Carrying status of the magistrature according to which the magistrates of the wooden floor are placed under the direction and the control of trap managers hierarchical and under authority Lord Chancellor, Attorney General.
Either the flagrance even of such a facts which year to date can no longer be disputed by none of the authorities and by the different discovered and provided evidences at the knowledge of the Attorney General by the different lashings.
Either by highest judicial authority and hierarchical at the General Public Prosecutors and District Attorneys, the Lord Chancellor.
That Madam TAUBIRA Christiane was repossession afin she intervenes by its under hierarchy to make order the cessation of different trouble to attention public of which I me am found one of the main victims.
Than Madam TAUBIRA Christiane by its silence and in the absence of intervention, facilitate such actions that Monsieur to LABORIE denounces.
That Madam TAUBIRA Christiane by its silence and in the absence of intervention, facilitate of such a actions that Monsieur to LABORIE denounces or the refusal by the wooden floor from Toulouse to make square at these acts clueless at the benefits of the interests to Monsieur and madam LABORIE.
Is by my personal following mails:
Lashing December 18, 2013 of madam TAUBIRA Attorney General.
Lashing January 16, 2014 of madam TAUBIRA Attorney General.
Lashing January 31, 2014 of madam TAUBIRA Attorney General.
Lashing March 10, 2014 Madam TAUBIRA Christiane Attorney General.
Is by following mails the to Ministre of the economy and of the finances:
Lashing May 2, 2013 of Monsieur Pierre MOSCOVICI Ministre of the economy and of the finances whom transmitted to the Attorney General May 7, 2013: Or at madam TAUBIRA.
Is by following mails the to Ministre of the interior:
Lashing October 17, 2013 of Monsieur VALLS Ministre of the Interior whom transmitted to the Attorney General. « among which réclamation faite 10 March 2014 » Is at madam TAUBIRA
Lashing November 16, 2013 Monsieur VALLS Ministre of the interior which transmitted to the Attorney General. « Among Which réclamation faite 10 March 2014 »
Is by the refusal of the lashing of the courtyard of justice of the republic.
Is by the refusal to inform a criminal procedure by T.G.I about PARIS while the public action was underway stake and than the first lashing by complaint with constitution as civil part was deposited in August 2007 with several reflations, my first audition in front of the informing officer December 11, 2012 year to date the business seems to be hushed to the pretence of the territorial incompetence.
Is the refusal by the Attorney General represented by madam Christiane TAUBIRA to make apply the penal code while the penal guidelines are imposed by celle- here at the District Attorney and general and concerning public prosecutors:
Blows to the public trust. « The different wrong »
He is remembered that the arbitrary instigator which acted in complicity and by premeditation against Monsieur LABORIE Andre to make it put holding was at the initiative of Toulouse 's wooden floor in auto forging one folders by scythe and usages of wrong and to make obstacles to the access to a judge to a courtroom.
Is Toulouse 's represented wooden floor by its District Attorney and under the Department of Justice 's high hierarchy:
Than the author and the complicity of Toulouse 's wooden floor is unquestionable so that jurisdictional help be refused to the benefit of Monsieur LABORIE Andre and to make obstacle to the access at a judge at a courtroom.
That faite prevents it by Toulouse 's wooden floor is unquestionable at the lashing of an informing officer at T.G.I of Toulouse by consignations while Monsieur LABORIE Andre is at RSA.
That faite prevents it by Toulouse 's wooden floor is unquestionable at the lashing of the correctional tribunal by way of citation and by consignations asked while to Monsieur to LABORIE Andre is at RSA.
Is the flagrance of the discrimination faite by Toulouse 's wooden floor to pursue the main, wrong authors in wrong in public writings while the penal code re- bonus of such made criminal sorrows.
Is the ethic harassment by Toulouse 's wooden floor by different on sight guards in the only goal to reach psychologically Monsieur LABORIE Andre and in order to get in front of a psychiatrist certificates going to the sense of their requests.
Actions of Toulouse 's wooden floor represented VALET Michel by its public prosecutor, making meanings of acts legal at certain Magistrates so that causes be heard and get statutory placing themselves like victim to be translated in court and to get the statutory resort while they did not forewarn right as.
Actions of Toulouse 's wooden floor to have thus participated straightforwardly or indirectly in the endeavor of aforethought rerouting of our property in the process of this arbitrary holding of the 14 February 2006 at September 14, 2007.
Is the harassment under the authority Toulouse 's wooden floor dates some from March 28, 2008 to have ordered to the authorities gendarmerie of common saintly Orens 31650 and by the intermediary the prefecture of the High Garonne, the eviction to Monsieur and madam LABORIE of their residence of their property while these last were always the owners and are always year to date Having acts without a nondescript enforceable title.
Is the complicity of Toulouse 's wooden floor to have stolen all of the and objects at the lectures of the eviction to Monsieur and madam to LABORIE.
Either the flagrance of complicity of Toulouse 's wooden floor to have made carried out notarized acts by Master CHARRAS jean Luc notaries in Toulouse who is the nephew de Madame Danièle CHARRAS Premier public prosecutor the republic in Toulouse.
Explaining that this last was pursued in front of Toulouse 's correctional tribunal by Monsieur LABORIE Andre for a previous rerouting of real estate.
Actions of Madam CHARRAS Daniele substitute of the District Attorney of toulouse at profit plow persons for the third time using scythe gotten and usages of wrong at the lecture an arbitrary holding using and deceiving of the absence means of defense to Monsieur and Madam LABORIE without a nondescript contradictory argument, violation the articles 6 and 6- 1 of CEDH in these articles 14, 15, 16 of ncpc
Complicity of Bribery by Toulouse 's wooden floor of the sub- director du Préfet High Garonne to have agreed of Master BOURRASSET 's actions Jean Charles lawyers in Toulouse in order to get an adverse decision by the prefecture dates some from the 1 er October 2012 at authorizing the public force for the immediate eviction to Monsieur TEULE Laurent and other of the property to Monsieur and madam the one that she had returned in date in September 24, 2012 LABORIE at N ° 2 street 31650 Saint Orens forges her.
Complicity of Bribery by Toulouse 's wooden floor to have facilitated this last to introduce wrong information by the president of the administrative tribunal, grabbed to make cancelled decision of the 1 er October 2012 for internal and external illegality of this one, that this administrative jurisdiction motivating its decision on an act writes in wrong in main whom could exist at seen it of the article 1319 of the civil code and in the absence act of property provided by the prefecture of HG other than that to Monsieur and madam LABORIE.
Complicity of bribery of Toulouse 's wooden floor to have facilitated the rerouting of the sum of 271000 euros at the prejudices of madam DARAUJO marries BABILE, this last who has never been able to be owner of our building situated at N ° 2 street of the forge 31650 Saint Orens.
Complicity of bribery and of rerouting of money public by Toulouse 's wooden floor having last advantaged Monsieur CAVE Michel and madam to PUISSEGUR Marie Claude to make believe him were victim of a lawsuit while these last were poursuivis by Monsieur LABORIE for facts very grave in the endeavor of the rerouting of our property and dans the only one drank to get of the Attorney General the responsibility of all of the expenses of justice and of lawyers while at Monsieur LABORIE Andre main victim saw herself refused the jurisdictional help while this last was at R.S and action of Toulouse 's wooden floor finds even year to date by the only ones.
Is the complicity blatant to hindrance to the justice by Toulouse 's wooden floor to accept that Monsieur to the bâtonnier refuses to name a lawyer to the title of the jurisdictional total help gotten and in the only one drunk that one judges that a courtroom was able not to be grabbed requests of Monsieur LABORIE Andre in its different actions.
Either the flagrance of the partiality of Toulouse 's acting wooden floor in T.G.I represented this last by its District Attorney Monsieur VALET Michel, from that he is in its functions to suffocate systematically the businesses of which Monsieur LABORIE Andre victim as well as his having rights found himself.
Either the flagrance of the partiality established of Toulouse 's wooden floor in represented T.G.I by his District Attorney Monsieur VALET Michel at seen it different ways facts who can complete ascertained beings with the evidences in support of this.
Than all of these lashings of the Department of Justice informing her and represented by Madam to TAUBIRA are still stayed year to date unanswered leaving the continuation of this fact these ways of made to be renewed on our French territory by the authors and accessary, having like consequence:
That he can exist democracy without an unprejudiced justice.
Situation engraves leaving all are possible at the District Attorneys and general public prosecutors, whom these last refuse by discrimination of the judgelies to apply the penal code and like the flagrance the penal code against the authors and accomplices proves it apply by refusal:
And concerning Blows to the public trust. « The different wrong »
See mails addressed at madam TAUBIRA stayed unanswered . « Below slip »
That to the lecture of a bill presented by madam TAUBIRA Ministre of the justice, this one makes portion to the National Assembly of the current lawmaking.
Picking up again in its terms:
The article 5 of the prescription n O 58-1270 of December 22, 1958 Carrying organic law relative to the status of the magistrature fresh The magistrates of the wooden floor are placed under the direction and their hierarchical managers ' control and under authority Lord Chancellor Attorney General All clarifying that at The interested attention, their speech is free.
This article draws « The State Prosecutor's office 's architecture: With the most elevated rung, Lord Chancellor; in the call lectures, the public prosecutors generals have authority over their straightforward collaborators (assistant public prosecutors, general substitutes) and over the District Attorneys of the spring of their courtyard; in courtrooms big shot authority, the District Attorneys have authority over their collaborators (public prosecutors assistant, vice public prosecutors, substitutes.) »
He thus sets the principle of the « subordination hierarchical » who constitutes one of the characteristics essential of the State Prosecutor's office.
This principle « Is essentially justified by the necessity to give a consistency together to the exercise of the action public in a system of penal procedure which gives at the ministry public the faculty to decide appropriateness of the follow-ups ».
This principle results also of the article 20 of the Constitution according to which one « The government determines and drives the Nation 's politics ». Insofar the penal politics made part of the Nation 's politics, he belongs to the government to determine her and to the Garde Signets to define the general orientations.
The prescription of 1958 pre- cited asserts also the existence in this subordination of manner ex- press in its article 43 who anticipates that the disciplinary mistake of a magistrate of the wooden floor appreciates itself « given the obligations who découlent of its hierarchical subordination ».
The dispositions to the prescription of 1958 are clarified by the articles 30 and following code penal procedure, so many in regard to the guard 's attributions of the signets regarding the magistrates of the wooden floor, than in regard to the relations between the general public prosecutors and the District Attorneys.
The article 30, who results law n ° 2004-204 of March 9, 2004 carrying adaptation of the justice at the evolutions of the criminality told law « Perben II », figure in the chapter 1 er Bis entitled « attributions Lord Chancellor, Attorney General » of the title one of the book one of the code of penal, relative to the « loaded authorities procedure of the public action and of the instruction ». He is thus written up:
The minister drives the politics of public action determined by the Government. He watches with the consistency of his application over the territory of the Republic.
To this end, he addresses to the magistrates State Prosecutor's office of the general instructions of public action.
The voluntary and regular to make hindrance to our justice the actions permanent dysfunctioning of certain of our magistrates refusing themselves to use the law by discrimination goes in justiciable are constitutive of ways of facts and cause a public disturbance to attention straightforwardly to l' French state parking our constitutions thus than with the judgelies ' interests.
Than the refusal of the Attorney General represented by Madam TAUBIRA Christiane to refuse themselves to apply its last subclause The article 30 of the code of procedure p énale Is by its straightforward opportunities to act by the general public prosecutor and District Attorney to make stop different disturbances to attention existent public whose victim Monsieur LABORIE is Andre and its eligible parties Constitute a public disturbance to attention What of it than this last in his set was carried at his knowledge by several lashings stayed unanswered.
Definition of the law and order:
It is however possible to say that the definition given law and order by the constitutional Advice is very close to the one used in right administrative French from more more two centuries.
The law and order results thus of a jurisprudent construction tending at Make the warranted headcount sure of rights constitutional and principles . It deals with the strict notion of law and order (and not of a wider law and order), (such that the social, sanitary, environmental law and order.) The « heart » of this law and order (in the strict sense of the term) seems to me to be the principle of the « safety » ensured by the Declaration of 1 789: There is no freedom possible in a society where the individuals fear for their person 's safety.
He thus judged in 1981 Than the individual freedom And the one To go and come have to To be conciliated with « which necessary argument for is files her ends of general interest having value constitutional » like the maintenance of the law and order (decision of 19 and January 20, 1981 on the law safety and freedom.)
Indeed certain rights which are proclaimed to it can make the object of restrictions when these last - I cite - « constitute disincentives in a democratic society, at the national safety at the territorial integrity or at the public safety, at the defense of the order and at the prevention of c rhyme confidential information, to prevent the disclosure at the protection of the health or of the ethic, at the protection of the reputation or of the rights of others Or to ensure the authority and the impartiality of the judiciary. » IT is the case for example of the freedom of speech proclaimed by the article 11 European Convention of the rights man.
To attention public is necessary at the exercise of the rights.
The law and order presents for the constitutional Advice I told it, like a democratic necessity.
Examples of 1981.
The maintenance of the law and order being a necessity for the exercise of the rights, he in découle that, in certain circumstances, rights can be restricted to file the law and order.
This power of limitation belongs to the lawmaker thus whom the article 34 of the Constitution places That law sets the rules concerning the fundamental given guarantees to the citizens for the exercise of the public rights.
Question written n ° 18049 Mr. Hubert Haenel (Haut-Rhin -) published (UMP) in the JO Senate 22/07/1999 - page 2469
Mr. Hubert Haenel asks Mm Lord Chancellor, Attorney General following the recent argument at the parliament on the reinforcing bill protection of the presumption of innocence, to want well to point out him which (s) definition (s) she gives of the law and order.
Definition of the law and order
11 Th Legislature
The ministry 's answer: Justice
Published Senate 14/10/1999 - page 3409 in JO
Answer. - Lord Chancellor, Attorney General, make it parliamentary The Honorable know than the notion of law and order, although she is interpreted by the jurisprudence and the doctrine of manner more or less restrictive according to the considered matter a traditional and fundamental concept of the set of our right constitutes, that it was dealing civil law of the administrative right or of the criminal law. The legal databases make appear that from 1990, this notion was used in more than 137 by nature legislative or statutory published texts at official newspaper and that she represents more than 143 representing articles in about a dozen different codes. Thus, the article 6 of the civil code forbids that specific conventions could go against the laws which interest the law and order. The article L. 2212-2 of the general code of the territorial, relative collectivities at can the mayor polices, thus to attention reference acts than at the safety, s écurité, public, the salubrity and the quiet. Likewise, the articles 421-1 and 431-13 of the penal code use the notion of public disturbance to attention to define the terrorist infringements or the groups fighting. The conservation of the blows to attention public constitutes also one of the hypotheses authorizing in application of the dispositions to the article 78-2 of the code of penal procedure, the controls identity. At last, by virtue of the dispositions to the article 144 of this same code, the public disturbance to attention constitutes one of the criteria which can justify the placement temporary detention of a person put in exam. In this last hypothesis, which is originally question set by parliamentary The Honorable, the notion has to be interpreted strictly, because she allows a reached particularly engrave with the individual freedom. It is the reason for whom she was clarified by the law of December 30, 1996, which only authorizes the placement in holding when the infringement in reason of its gravity of the circumstances of its committee or of the importance of the prejudice that she caused, provoked an extraordinary and persisting to attention public disturbance, trouble to whom the holding is the unique means to put end. The objective of conservation of the law and order like credential of the temporary detention was furthermore judged conforme à the European convention of the human rightses by the courtyard European in its stops to Letellier and Kemmache June 26 and November 27, 1991. The courtyard thus considered that certain infringements because of their specific gravity instigate a social disturbance such that the temporary detention is hanging one certain time totally justified. She estimated however that progressively of the pregress of the investigation, this motive was losing of his relevance - except demonstrate than the stake at large pursued person would trouble really the law and order insofar the temporary detention has to on no account serve to look into a sorrow deprivationing of freedom. To hold notice of this jurisprudence, the bill reinforcing the protection of the presumption of innocence and the rights of the victims who is currently in of exam by the Parliament, limit to the most grave infringements the opportunity to resort to the criterion of the public disturbance to attention for motivate the decisions of prolongation of the holdings p rovisoires. The text adopted by the National Assembly in first reading only authorizes the resort at this criterion to prolong the holdings in criminal matter. This one adopted by the Senate anticipates that the holding can be prolonged as a result of the public disturbance caused to attention like the Government 's initial plan than for the crimes and the offenses punished for more five years in imprisonment. The definitive position will disengage itself thus in the process of the subsequent exams of the bill by the Parliament.
Than accordingly :
And who are repressed by the articles according to penal code:
The non-observance of the application of the law constitutes a public disturbance to attention In the species for the refusal of madam TAUBIRA Ministre of the Justice to make usage last subclause of the article 30 of the code of penal procedure and to make stop different troubles to attention public whose instigators and accomplices find themselves mainly on jurisdiction From Toulouse.
Madam TAUBIRA was nominated Ministre justice May 16, 2012 by its Prime Minister and under the government of François HOLANDE President of the republic.
Than it Department of Justice Is departmental department French government Loaded to watch with the judiciary system 's efficient working.
Belonging to the magistrature
The District Attorneys and their substitutes as well as the general public prosecutors, their respective substitutes, it Assistant public prosecutors It Judge And it Listeners of justice , belong to the body of the magistrature. They are thus subject to the dispositions to l Prescription 22 December 1958 Carrying Organic law Relative to status Magistrature 4 .
The public prosecutor he distinguishes himself of the judges in it made left with his substitutes, of the « magistrature erect » thus named for his members rise some interested attention to present trap Requisitionings By opposition at Magistrature puts down Or Magistrature of the chair Of which the members the judges, stay put of the pregress of the interested attentions very at the long down.
Several elements distinguish them of the magistrates of the chair in their statutes:
The article 5 of the pre- cited prescription places indeed:
« The magistrates of the wooden floor are placed under the direction and their hierarchical managers ' control and under authority Lord Chancellor, Attorney General.
Thus, the wooden floor is Hierarchised It what means that the District Attorney has authority over his substitutes and that he is lui-même subject to the instructions and guidelines of the general public prosecutor nearby Call courtyard Spring.
Than madam TAUBIRA Ministre of the justice has to satisfy in its attributions to and everything respecting the application of the law without discrimination enter the parts and at the respect of our constitution as hierarchical manager of the wooden floor.
The Attorney General drives the penal politics determined by the Government.
He watches with the consistency of his application over the territory of the Republic.
To this end, he addresses to the magistrates State Prosecutor's office of the general instructions.
He can address them no instruction in individual businesses.
Every year he publishes a report about the application of the penal politics determined by the Government clarifying the conditions of implementation of this politics and general addressed instructions in application of the second subclause.
This report is interchanged at the Parliament. He can give birth to an argument to the National Assembly and to the Senate.
The article 30 does not forbid to the wooden floors and to the Attorney General the application strict of the penal code in its articles below on the French territory.
That the Attorney General can address at the State Prosecutor's office general instructions without having the certainty that these instructions are applied individually.
That at seen it than law is not used by Toulouse 's wooden floor represented by his District Attorney and general public prosecutor in these articles above:
Ors he is to conclude:
Than Toulouse 's wooden floor refusing themselves to pursue the authors for facts which are repressed by the articles above Acts general de Madame TAUBIRA Christianes under the instructions minister the justice.
Than in such a configuration on of Madam 's actions TAUBIRA Christiane constitutes a public disturbance to attention for penal law is applicable for all and without discrimination enters the judgelies and that no text of law forbids the application of the articles above repressing the scythes in main and the scythes in public writings.
Or immediate measures have to be taken referred caught so that Madam TAUBIRA Christiane do not go against her functions in front of the judge Attorney General and at its obligations
Or immediate measures have to be taken in front of judge the referred grabbed to know if Madam TAUBIRA Christiane ordered in the process of her general instructions, her suspension on the wrong French territory of the follow-ups against authors in main and wrong in public writings.
Than its responsibility is not exclude year to date for she was named as Attorney General in May 2012 and than the law of July 25, 2013 only inter- coming is than postérieurement at the denounced facts and public was having to act individually to make stop the different disturbances to attention of which find themselves still at this victim day Monsieur LABORIE Andre and its right airs.
That year to date its responsibility is not searched but only disincentives are asked in front of judge the referred to T.G.I of PARIS in order that the different trouble to attention public stop and are not renewed.
Insofar the Government appointed himself to not address individual instruction to the wooden floors, while the code penal procedure anticipated of such a instructions before her Law of July 25, 2013.
Who sanctions the actions of the magistrates of the public wooden floor causing a disturbance to attention?
Is the same flagrance concerning the intellectual, wrong scythes in public writings which are not even poursuivis by Toulouse 's wooden floor while the penal code anticipates it.
That the article 16 of the Declaration of the human rightses and of the citizen of 1789 became the main foundation of the constitutional right.
When well even the actions denounced by Monsieur LABORIE Andre justify a dysfunctioning of our justice.
This dysfunctioning above constitutes a public disturbance to attention for the invoked reasons.
Either at below seen it texts:
- Responsibility of l 'State for dysfunctioning of the service of the justice
The study of the responsibility of l' Established Fact conjectures that the domain and the conditions of this responsibility are determinate as well as the jurisdictional expertise in the matter.
1° Domain of the responsibility
- Jurisprudent and doctrinal resolve - The law n ° 72-626 of July 5, 1972 Brought no definite indication on this point. He belonged thus to the doctrine and at the jurisprudence to clarify fact of which jurisdictions and for which acts l 'State was incurring a responsibility.
a) Concerned jurisdictions
- Judiciary jurisdictions- The article 11 of the law of 1972 (COJ, art. L. 781-1 ) Behaving no limitation, he is admitted than the principle of responsibility of l' State applies at all of the jurisdictions of the judiciary order: Jurisdictions civil, commercial or repressive, jurisdictions of right common or of exception.
Contrariwise Because law of 1972 is a law of civil procedure She does not concern the activity of the jurisdictions of the administrative order (European Council, has ss., December 29. 1978, Darmont: Re- c. European Council, p. 542; AJDA 1979, p. 45, notes Mr. Lombardi; D. 1979, jurispr. p. 278, notes Mr. Vasseur; RD publ. 1979, p. 1472, note J. M. Auby )But the Advice of' State if in east inspired to set the regime of the responsibility of public power made jurisdictions administrative.
Article 6 of European Convention files human rightses
- Of violations European Convention files of the human rightses and of the fundamental, imputable rights, in fact, at the public service of the justice judiciary and constitutive of a denial of justice or of a heavy mistake Allows also to appoint the responsibility of l' State .
The folders of Monsieur LABORIE Andre or the District Attorney and the general public prosecutor refuse to respect the article 6 CEDH in configuration.
In the configuration of the folders of Monsieur LABORIE Andre or the Attorney General refuse themselves to give instructions individual at the public prosecutor general and public prosecutor.
In the configuration that the caught government refuses himself to intervene at the spurious motive of separation can.
The civil caught referred judge in front of T.G.I of PARIS is compétant at seen it law The law n ° 72-626 of July 5, 1972.
And all knowing that the Attorney General is the high hierarchy of the wooden floors, general public prosecutor and District Attorney of Toulouse.
Clarifying Than an or several magistrates of the wooden floor east originally of the gangrene and of the proliferation of the acts malicious by other magistrates; notaries; lawyer; bailiffs and others who act by wrong and usages of wrong knowing that no crackdown is faite at encontre and as above denounced.
That Toulouse 's wooden floor is represented by Monsieur VALET Michel Procureur republic.
That Toulouse 's general wooden floor is represented by Madam OLLIVIER Monique whom this last has no authority over the present for numerous years and accessary assistant public prosecutors of ways made among which Monsieur LABORIE Andre is victim and for the ways of denounced facts above.
That at seen it the Department of Justice represented by Madam to to TAUBIRA Christiane Ministre justice is consistently assigned referred in front of the judge.
That at seen it manquements at Attorney General 's functions or at respect our were constituting This manquement being constitutive of a public disturbance to attention.
That at seen it judge 's expertise the referred to make our republic with our justice stop this public disturbance to attention which is an outrage and on the foundation of the article 809 of ncpc
That at seen it of the emergency to make stop this public disturbance to attention and for a good administration of our justice and among which victim east to to Monsieur LABORIE and its right areas.
That at seen it than Monsieur LABORIE Andre is a victim head and than a judge 's lashing is a constitutional right, the access to a courtroom to make stop and sanction the authors intellectual, wrong and accomplices of wrong in public writings consistently recorded at Toulouse 's wooden floor.
That the requests of Monsieur LABORIE Andre have to be considerations is the disincentives.
Refuse all adverse and badly created adverse part conclusions.
Return a decision with the entire impartiality that a judge owes himself and without discrimination of the parts at seen it our constitution.
Order Under penalty 100 euros per day At madam TAUBIRA Christiane Ministre of the justice The evidence of its action writes By the jurisdiction from Toulouse and the Parisian jurisdiction either to put a public term definitive at the different disturbances to attention who touches the article 6 of CEDH of which victim Monsieur LABORIE Andre is located.
Order Under penalty 100 euros per day At Madam to TAUBIRA Christiane Ministre of the justice at seen it of the emergency and the gravity ways of facts, « Constitutive a public disturbance to attention » The evidence of its intervention By the general public prosecutor of Toulouse 's courtyard call in the strict application of the intellectual texts repressing the scythes and scythe in public against the authors and accessary writings It what will allow to determine this one who failed at his obligations impartiality and at seen it different mails and moaned stayed unanswered.
Order Under penalty of 100 euros Per day At madam TAUBIRA Christiane Ministre of the justice The evidences of the recording At the Department of Justice of the different mails received equaling complaints and answers given Thus after several phone calls to the Department of Justice none of the mails of Monsieur LABORIE Andre would have been recorded or rerouted by its services.
Order Under penalty of 100 euros per day At madam TAUBIRA Christiane Ministre of the justice The evidence of a request of administrative contradictory inquiry On the facts denounced by Monsieur LABORIE Andre of which he found himself victim and following his service of judiciary only inspection which refused herself to be grabbed to the pretence 's refusal Madam TAUBIRA Christiane Ministre justice can catch the service and not a specific.
Order Under penalty of 100 euros per day At Madam TAUBIRA Christiane Ministre of the justice The evidence Its intervention by the authorities from Toulouse to make respect one right constitutional « Is the right of property » and So that be again orderly the eviction of all of the occupants without right nor title of the property to Monsieur and madam to LABORIE always situated at N ° 2 street of the forge 31650 Saint Orens. « Asks faite following the lashing to Monsieur VALLS Manuel which transfered the folders via madam TAUBIRA Ministre justice, this last refusing themselves to answer and to make it right by its silence.
Order the condemnation of the Department Of Justice represented by Madam TAUBIRA Christiane on the foundation of the article 700 of cpc to the sum of 5000 euros.
Order that costs of the procedure square are at the Department Of Justice 's charge.
Sub complete aloofnesses among which act:
Monsieur LABORIE Andre