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 200

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