E/CN.4/1997/71
page 30
105. The main culprits in the attack on Ali Polat and the owner of the
restaurant were Olivier Fauchart, Olivier Fassel and Bertrand Neth.
106.
for:
The investigation found sufficient evidence to institute proceedings
(a)
Premeditated wilful armed assault, causing a temporary cessation
of work of less than eight days (an offence covered by art. 222-13, para. 12,
of the Penal Code) against Olivier Fauchart, Olivier Fassel, Bertrand Neth and
Jean Delarossa; and
(b)
Destruction, damage and injury to several persons (an offence
covered and penalized by arts. 322-1 and 322-3, para. 1, of the Penal Code),
against the same persons.
107. In a decision handed down on 1 December 1994, the Saverne Court of Major
Jurisdiction handed down the following sentences:
(a)
A one-year prison sentence, eight months of which were suspended,
and two years' probation together with three years' deprivation of civil,
civic and family rights, against Olivier Fauchart;
(b)
A one year prison sentence, eight months of which were suspended,
two years' probation and two years' deprivation of civil, civic and family
rights, against Bertrand Neth;
(c)
A one-year prison sentence, six months of which were suspended,
three years' probation and two years' deprivation of civil and family rights,
against Jean Delarossa; and
(d)
A one-year prison sentence, 10 months of which were suspended, and
two years' probation, against Olivier Fassel.
3.
Communication dated 23 September 1996
108. The Special Rapporteur transmitted to the French authorities for comment
a report describing “the main violations of human rights and legal
irregularities committed by the French Government in the case of the
'sans-papiers' (persons without identity papers) in the Saint-Bernard church
in Paris”. The incident took place on 23 August 1996.
109. The report described the facts in the following terms: “the violence
employed, the brutal desecration of a place of worship, the gross misconduct
and in particular the racial discrimination were seen as intolerable acts
profoundly alien to France's democratic traditions, image and history ...”; it
discusses the causes:
“The accentuation of inequalities throughout the world, the rise
in unemployment in France and in Europe, the pursuit of market-oriented
policies that do not admit of entrenched social interests, efforts to
bring down wage costs by any means, and the damage inflicted by
unbridled worldwide competition have led, on the one hand, to the
singling out of the entire immigrant population as scapegoats and, on