How one lawyer modified French justice

[ad_1] Robert Badinter, the lawyer, tutorial and former justice minister who spearheaded France’s historic abolition of the loss of life penalty, can be honoured on the Panthéon on October 9 – 44 years to the day after the landmark invoice he authored was signed into legislation.

Badinter, who died in February 2024 on the age of 95, will be part of Victor Hugo, Marie Curie, Simone Veil and different illustrious residents buried within the huge domed mausoleum that dominates the Left Financial institution of Paris.

The late minister embodied France’s battle in opposition to capital punishment. His eloquent plea earlier than the Nationwide Meeting on September 17, 1981, marked a turning level in fashionable French historical past.

“Tomorrow, due to you, French justice will not be a justice that kills,” he instructed French lawmakers. “Tomorrow, due to you, there'll not be, to our frequent disgrace, furtive executions at daybreak, beneath the black cover, in French prisons. Tomorrow, the bloody pages of our justice can be turned.”

France pays 'solemn' tribute to former justice minister Robert Badinter

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03:05 Members of the Nationwide Meeting duly handed his invoice the subsequent day, adopted weeks later by the French Senate. On October 9, the guillotine was formally consigned to the historical past books.

A private battle Though Badinter had lengthy opposed the loss of life penalty, his battle turned private in November 1972 when he witnessed the execution at daybreak of his shopper Roger Bontems. Convicted for his position in a lethal hostage-taking at Clairvaux jail, Bontems had been cleared of homicide – however was nonetheless sentenced to the guillotine.

“Bontems was lifeless. I had seen Bontems go to his loss of life. I had seen a person I defended die. By no means once more might I do something for him. You don’t plead for the lifeless. The lawyer for a lifeless man is somebody who remembers, nothing extra,” Badinter later wrote in his memoir “The Execution”.

Witnessing his shopper’s execution was a turning level for Badinter, reworking his opposition to the loss of life penalty into dedicated activism.

<img fetchpriority="low" src="https://s.france24.com/media/display/b40f6a94-9de4-11f0-a029-005056bf30b7/w:980/000-32NK63D.jpg" srcset="https://s.france24.com/media/display/b40f6a94-9de4-11f0-a029-005056bf30b7/w:246/000-32NK63D.jpg 246w,https://s.france24.com/media/display/b40f6a94-9de4-11f0-a029-005056bf30b7/w:388/000-32NK63D.jpg 388w,https://s.france24.com/media/display/b40f6a94-9de4-11f0-a029-005056bf30b7/w:720/000-32NK63D.jpg 720w,https://s.france24.com/media/display/b40f6a94-9de4-11f0-a029-005056bf30b7/w:980/000-32NK63D.jpg 980w" sizes="(max-width: 1023px) calc(100vw - 32px), (min-width: 1024px) 850px" alt="The lawyers of the convicted criminal Roger Bontems Robert Badinter (L) and Philippe Lemaire (R) in the courtyard of the prison of La Santé, on November 28, 1972." style="max-height:567px" loading="lazy" class="a-img "/> Robert Badinter (left) arrives on the Jail de la Santé in Paris shortly earlier than the execution of his shopper Roger Bontems on November 28, 1972. © AFP “That execution modified every little thing,” mentioned historian Marie Bardiaux-Vaïente, co-author of the graphic novel “L’Abolition – Le fight de Robert Badinter” (Abolition – Robert Badinter's battle).

“A person is alive, and two seconds later, he's no extra,” Bardiaux-Vaïente added. “It isn't like he is been fined or has a chance of parole. He simply doesn’t exist anymore.”

Demise penalty on trial Within the years that adopted, Badinter turned France’s most distinguished defence lawyer in capital circumstances. His intention was not solely to save lots of his purchasers however to place the loss of life penalty itself on trial.

Essentially the most placing case got here in 1976, when he defended Patrick Henry, convicted of kidnapping and murdering eight-year-old Philippe Bertrand. Public opinion was cruel; the crime had horrified the nation.

Learn extra Robert Badinter, the lawyer who fought to finish the loss of life penalty in France

“He was satisfied he would lose. It seemed like a judicial catastrophe,” Bardiaux-Vaïente mentioned.

Badinter determined to show the trial right into a platform in opposition to the loss of life penalty, telling the jurors: “You alone – you alone right here – maintain the proper of life and loss of life over somebody. Absolutely that's price interested by twice.”

He described abolition of the loss of life penalty as inevitable, warning jurors to not be on the improper aspect of historical past.

“He instructed them it (abolition) could be handed eventually,” Bardiaux-Vaïente mentioned. “He checked out them along with his furrowed brows and in his distinctive voice requested what they'd inform their kids when requested why that they had voted for a person to be lower in two.”

In opposition to all odds, Henry was spared execution and sentenced to life in jail. Over the next years, Badinter secured related outcomes in 5 different capital circumstances, steadily eroding assist for the guillotine.

<img fetchpriority="low" src="https://s.france24.com/media/display/4933179c-9de5-11f0-bc91-005056a90284/w:980/000-72986T9.jpg" srcset="https://s.france24.com/media/display/4933179c-9de5-11f0-bc91-005056a90284/w:246/000-72986T9.jpg 246w,https://s.france24.com/media/display/4933179c-9de5-11f0-bc91-005056a90284/w:388/000-72986T9.jpg 388w,https://s.france24.com/media/display/4933179c-9de5-11f0-bc91-005056a90284/w:720/000-72986T9.jpg 720w,https://s.france24.com/media/display/4933179c-9de5-11f0-bc91-005056a90284/w:980/000-72986T9.jpg 980w" sizes="(max-width: 1023px) calc(100vw - 32px), (min-width: 1024px) 850px" alt="Portrait taken on January 20, 1977 in Troyes shows Robert Badinter, Patrick Henry's lawyer." style="max-height:567px" loading="lazy" class="a-img "/> Robert Badinter pictured on January 20, 1977, in Troyes, shortly after his shopper Patrick Henry is sentenced to life in jail. © AFP Mitterrand's ally In 1981, François Mitterrand turned the primary Socialist president of France's Fifth Republic, bringing abolition of the loss of life penalty inside attain.

Badinter, a detailed ally, was named minister of justice – a job identified in France as ‘Keeper of the Seals’. Regardless of polls displaying a majority of French residents nonetheless supported capital punishment, he pressed forward.

Forward of the decisive vote within the Senate, historically a bastion of conservatism, Badinter forged a look on the seat as soon as occupied by Victor Hugo – a nod to the author whose following adage he often quoted: “So long as the loss of life penalty exists, there might be no true civilisation.”

When the legislation abolishing the loss of life penalty was enacted on October 9, a date now ceaselessly related to Badinter, France turned solely the thirty fifth nation on this planet to reject capital punishment.

Learn extra France's ex-justice minister Robert Badinter: Abolition of loss of life penalty 'is the legislation of historical past'

A world trigger However Badinter's battle didn't finish in France. He went on to champion abolition overseas, serving as honourary president of the advocacy group “Ensemble contre la peine de mort” (Collectively in opposition to the loss of life penalty or ECPM).

“He wasn’t nostalgic. He didn’t cease at what he had performed in 1981. His dedication continued,” mentioned Raphaël Chenuil-Hazan, the group’s director basic, who labored alongside him till his loss of life. “He would share his contacts and assist us at each world congress. I can nonetheless see him along with his pen and pocket book, going from debate to debate.”

Robert Badinter: The French minister who fought in opposition to a 'killer justice system'

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02:24 Progress has been substantial. As we speak, in response to ECPM, 77 % of the world’s 198 states and territories not perform executions, both by way of abolition (62 %) or moratorium (15 %).

However 55 nations proceed to use it – amongst them China, Iran, Saudi Arabia, the US, Japan and India.

<img fetchpriority="low" src="https://s.france24.com/media/display/d382fb74-9de5-11f0-931f-005056a97e36/w:980/000-Par1133327.jpg" srcset="https://s.france24.com/media/display/d382fb74-9de5-11f0-931f-005056a97e36/w:246/000-Par1133327.jpg 246w,https://s.france24.com/media/display/d382fb74-9de5-11f0-931f-005056a97e36/w:388/000-Par1133327.jpg 388w,https://s.france24.com/media/display/d382fb74-9de5-11f0-931f-005056a97e36/w:720/000-Par1133327.jpg 720w,https://s.france24.com/media/display/d382fb74-9de5-11f0-931f-005056a97e36/w:980/000-Par1133327.jpg 980w" sizes="(max-width: 1023px) calc(100vw - 32px), (min-width: 1024px) 850px" alt="French former Justice Minister, Socialist Robert Badinter (R), death penalty abolitionist, and Japanese Sakae Menda, 58, former death sentence prisoner, on February 3, 2007 in Paris." style="max-height:639px" loading="lazy" class="a-img "/> Robert Badinter pictured with former Japanese loss of life row inmate Sakae Menda, 58, on the World Congress In opposition to the Demise Penalty in Paris on February 3, 2007. © Mehdi Fedouach, AFP “In case you take a look at it by inhabitants, extra folks on the planet reside beneath the shadow of the loss of life penalty than with out it,” Chenuil-Hazan mentioned. “Amongst them, at the very least 4 French residents are at the moment sentenced to loss of life worldwide: one in Algeria, one in China, and two in Morocco.”

A legacy of braveness The worldwide image stays troubling. In 2024, Amnesty Worldwide recorded 1,518 executions worldwide – the very best in a decade – a determine that has alarmed the Conseil nationwide des barreaux (CNB), which represents France’s attorneys.

“It's a battle the authorized career is deeply dedicated to,” CNB president Julie Couturier mentioned.

“Only some nations nonetheless perform executions, however it stays a instrument of political deterrence, notably in Iran,” she added.

To honour Badinter’s reminiscence, the CNB created a prize in his identify to assist younger attorneys engaged on human rights and social justice.

<img fetchpriority="low" src="https://s.france24.com/media/display/09b37552-9de6-11f0-87bf-005056a97e36/w:980/000-9PE49U.jpg" srcset="https://s.france24.com/media/display/09b37552-9de6-11f0-87bf-005056a97e36/w:246/000-9PE49U.jpg 246w,https://s.france24.com/media/display/09b37552-9de6-11f0-87bf-005056a97e36/w:388/000-9PE49U.jpg 388w,https://s.france24.com/media/display/09b37552-9de6-11f0-87bf-005056a97e36/w:720/000-9PE49U.jpg 720w,https://s.france24.com/media/display/09b37552-9de6-11f0-87bf-005056a97e36/w:980/000-9PE49U.jpg 980w" sizes="(max-width: 1023px) calc(100vw - 32px), (min-width: 1024px) 850px" alt="French former Justice Minister Robert Badinter delivers a speech during the commemoration of the 40th anniversary of the death penalty abolition at the Pantheon, in Paris, on October 9, 2021. " style="max-height:567px" loading="lazy" class="a-img "/> French former Justice Minister Robert Badinter delivers a speech through the commemoration of the fortieth anniversary of the loss of life penalty abolition on the Pantheon, in Paris, on October 9, 2021. © Ian Langsdon, AFP “It’s tempting to place a reputation on a corridor or a courthouse, however we most well-liked a homage that was extra according to his convictions,” mentioned Couturier, a former pupil of Badinter's on the Sorbonne college in Paris, the place he taught for over 20 years.

Recalling him as a “nice man” who impressed her to pursue legislation, Couturier mentioned, “After all we keep in mind his battle in opposition to the loss of life penalty as a result of it reshaped society. However above all, what I keep in mind is his braveness.”