The Gazette 1977

GAZETTE

N O V E M B E R

1977

psychiatric internment is sometimes arbitrary and often

dissimulates elimination of the elderly and the permanent

poor.

In each country, part of the population is vulnerable

and can, if certain events occur, secrete its own torturers

within a very short lapse of time.

Tasks for lawyers of information and knowledge ,

Lawyers who are believers or who follow a humanist

philosophy have a primordial task of information and

knowledge, followed by that of denunciation and

accusation. Action can develop on three levels:

(1) On the legislative and juridical level in the

preparation of work on these problems, the elaboration of

conventions, propaganda in favour of international

instruments and treaties as safeguards. The practical

experience of the European Court of Human Rights is

exemplary. It has led several member countries of the

Council of Europe to modify their penal legislation so that

it accords with the Convention on Human rights.

(2) On the level of public life, the lawyer should take on

the particular mission of influencing governmental power.

Supranational jurisdiction cannot alone assure controls

and sanctions. A State which knows about and covers up

the facts of torture or internment is not respecting its own

legal texts forbidding such practices. Political weight is

such that even where judges and lawyers are independent

they cannot call a halt to the installation of torture. The

examples are numerous since 1950. The same is true in

democratic countries in periods of crisis or peril, in which

procedures of exception are started. Obviously, the

governments oppose their sovereignity and public order to

any control in their administration ofjustice, even more so

when it is a question of violation of fundamental liberties.

(3) Another orientation can be proposed, that of

concerted pressure by lawyers and their organizations to

bring three western European countries to accept in a

Treaty of the Benelux type that in times of peace they

would give over their jurisdiction on all cases of police

violence to a co-signing government. (See Criminal Law

(Jurisdiction) Act 1976).

Such a Convention would have value as an example

and could have considerable influence internationally and

if necessary be incorporated in a system of application of

pacts ratified by the United Nations, the Convention of

Helsinki, the Convention for the safeguarding of Europe.

No progress can be made if the abandoning

of sovereignty and of the privilege of jurisdiction is not

decided

before

the phenomenon of repression is begun,

with its fatal consequences of collusion between the

authorities and the civil employees responsible for the

abuse. Previous acceptance avoids for governments the

humiliation of confession and submission.

Presence of Christians in the struggle of human rights

The International Movement of Catholic Lawyers is in

relation with laymen in various socio-professional milieux

particularly in America and Europe and can measure the

real impact of problems concerning human rights better

than an official representative.

A new factor has given Human Rights a universal and

philosophical dimension. They are identified with the

combat for ideals and justice, at a moment when moral

principles and beliefs are disappearing as motivations for

the young. Young people now tend to show their desire

for commitment and their thirst for the absolute by

entering into the struggle to safeguard fundamental rights

and liberties and against governmental torture and

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violence. A "quasi-religion" has grown up around Human

Rights. Marxists and leftist movements have been able to

"recuperate", in part, these tendencies when they noticed

the importance the mass-media and the press put on this

aspect of social and political life.

Sensitivity was even more accentuated in countries

where those responsible for the violations on the

humanitarian level were also directors of the dominant

economic powers and used their religion to justify their

policy.

The hierarchy and the diplomatic circles have not

always taken public position in order not to provoke

greater persecutions in some countries and to protect the

silent Churches.

It was thus up to laymen, and to lawyers and trade

union leaders in particular, to "take over the field" and to

manifest the presence of Christians in the struggle against

torture and injustice, without which, in the event of a

change of regime the ex-opponents belonged to extremist

groups alone and identified the Christians with the

oppressors.

Observation missions and press conferences have given

wide publicity to these actions which were preceded by

heroic witness by bishops and priests.

Concerning collaboration with non-Christian groups, it

was judicious for Catholics to join with all those who

worked in favour of Soviet Jews and participate in the

campaign of the Sakharov and Plioutch committees, if

only to compensate for the silences of yesterday. The

passivity of Christians in former years has brought into

the forefront the action carried on by non-believers.

Today the picture is changing and the International

Organizations have noted that in certain countries the

Movement of Catholic Lawyers is the only one able to

complete missions (Uruguay, Argentina), for the

governments' propaganda has already discredited

Amnesty International and the Association of

Democratic Lawyers.

Positive action habilitates the credibility of the

Church's proclamation in favour of justice and the poor.

The intervention becomes indispensable when it is a

question of exposing the oppression practised by

politicians who have the effrontery to point to their

adherence to the Church in order to excuse violence

perpetrated against Communists and other opponents.

This action is all the more necessary to bring an end to

the confusion between tyrants and so-called Christians.

Authoritarian governments understand the importance of

this action since they try to label all Christian opponents

as Marxists or Fascists in order to eliminate them.

We should not be spectators in the theatre of violence

and torture. By our silence to a certain extent we are in

fellowship with our torturers. We should show our

solidarity with victims through actions in depth at the

assistance level as well as the juridical and institutional

levels in liaison with communities and parishes.

We will thus be worthy of being the salt of the earth and

will not let hope be buried.

L. Pettiti