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READER QUESTIONS

Reader question: When did France stop guillotining people?

For most people the guillotine summons to mind images of the French Revolution, but the lethal contraption remained in use until well into the 20th century.

Reader question: When did France stop guillotining people?
A guillotine was sold at auction in Nantes in 2014. (Photo: Damien Meyer / AFP)

Reader question: I read recently that the guillotine was still in use in France during World War II – is that really correct? When did France stop using it?

Hamida Djandoubi was convicted of the kidnap, torture and murder of 22-year-old Élisabeth Bousquet in February 1977, and executed by guillotine at Baumettes Prison, Marseille, in September that year. 

The 27-year-old achieved three grisly distinctions in death; he was the last person to be judicially executed in France, the last to be judicially executed in western Europe, and the last to be judicially executed by beheading anywhere in the western world.

He was not the last person in France to be condemned to death, however. Philippe Maurice, convicted of complicity in murder and the murder of law enforcement officers, was the last person in France to be handed the death penalty in October 1980.

He was pardoned by new President François Mitterrand, a noted anti-death penalty campaigner, four days after his inauguration in May 1981. His sentence was commuted to life in prison – having gained a doctorate in medieval history while in prison, Maurice, now 65, is a respected historian.

Months after Maurice’s highly symbolic pardon, in October 1981, France abolished the death penalty and the last seven people to be sentenced to death had their sentences commuted.

The last person to be publicly executed in France was serial murderer Eugen Weidmann, who was guillotined outside St-Pierre prison in Versailles, on June 17th, 1939. 

In total, 34 people were executed in France since the foundation of the Fifth Republic in 1958.

The last woman to be beheaded in France was Germaine Leloy-Godefroy in 1949, some years earlier in 1943 Marie-Louise Giraud was guillotined under the Vichy regime – which made abortion a capital crime.

First victim

Djandoubi was the last person in France to be executed by guillotine – the first was notorious highwayman Nicolas Jacques Pelletier. Pelletier’s public execution took place at 3.30pm on April 25th, 1792, outside Hôtel de Ville in the Place de Grève.

It was reported that the large crowd – eager to see the device in action – were disappointed that it worked so well and so quickly. It was ‘too clinically effective’ to provide the entertainment the bloodthirsty crowd were expecting. Sections of the crowd, apparently, called for the return of the gallows.

The following year the guillotine claimed perhaps its most famous victim – King Louis XVI, followed nine months later by his wife Marie Antoinette.

Earlier execution methods

Prior to the introduction of the guillotine as the only legal means of execution in France, a number of pretty grim methods of killing convicted criminals were used, including hanging, decapitation by sword (for the nobility only, naturally), burning, the breaking wheel, boiling and dismemberment.

The method of death depended on the crime. Had he been convicted a few years earlier, Pelletier could have been condemned to a particularly brutal death on the breaking wheel.

Adoption of the guillotine

The guillotine was adopted in France as the sole legal form of execution in March 1792, six months after the National Assembly had rejected efforts put forward by the Revolutionaries to abolish the death penalty altogether.

Instead, it decided that Tout condamné à mort aura la tête tranchée (All those condemned to death will have their heads cut off) – in keeping with the Revolutionary ideas of equality there was no longer a ‘special’ method for aristocrats.

The new rule was at the instigation of physician Joseph-Ignace Guillotin, who had proposed that all executions – regardless of the social status of the convicted person – should be carried out by a simple and painless mechanism. 

His proposal – an attempt to make executions more ‘humane’ – included the following six articles: 

  • All punishments for the same class of crime shall be the same, regardless of the criminal;
  • When the death sentence is applied, it will be by decapitation, carried out by machine;
  • The family of the guilty party will not suffer any legal discrimination;
  • It will be illegal to anyone to reproach the guilty party’s family about his/her punishment;
  • And property belonging to the convicted shall not be confiscated;
  • The bodies of those executed shall be returned to the family if so requested.

Later, death by firing squad was introduced for crimes ‘against the safety of French State’. Both forms of execution were still on the books until the death penalty was abolished in France in 1981.

What’s in a name

Contrary to popular misconception, Guillotin did not invent the guillotine – nor was he executed by it. He wasn’t even in favour of it, but merely saw making execution humane a step on the road to the abolition of the death penalty. 

The device itself was designed by surgeon Antoine Louis, physician to the king, and the prototype was built by German engineer Tobias Schmidt – best known for making harpsichords. 

They were inspired by a number of similar devices that had existed, in various forms, for centuries. The Roman Mannaia was an early example; mention is made of a beheading machine in an 11th-century document, while a woodcut illustration of an execution method similar to the guillotine was made in 1532, and a similar device was in use between 1565 and 1710 in Edinburgh.

The key difference, however, between what became recognised as a guillotine and its precursors was the angled shape of the blade.

It was called – for some time after its invention – the louisette, after the doctor who designed it.

The Guillotin family was so embarrassed by the association of their name and the method of execution that they petitioned the French government to rename it. The government refused – so they changed their name.

A doctor in Lyon with a similar name was executed, leading to the incorrect belief that Joseph-Ignace Guillotin was executed by the machine that was named after him. In fact, he died at home, of natural causes, at the age of 75 in 1814. He’s buried at Père-Lachaise cemetery in Paris – alongside Jim Morrison, Oscar Wilde, Frederic Chopin, and Marcel Proust.

Could the death penalty be reintroduced in France?

In 2020, some 55 percent of French people supported the reintroduction of the death penalty, according to a poll. To do so would require the country to unilaterally reject several international treaties – not to mention protocols in the European Convention on Human Rights.

In 2002, France and 30 other countries signed Protocol 13 to the European Convention on Human Rights, which forbids the death penalty in any circumstances, even in times of war. The protocol came into effect in July 2003.

Despite the wishes of the mostly hard to far-right of the political spectrum, it is unlikely the death penalty will be reintroduced. 

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TRAVEL NEWS

What will Europe’s EES passport checks mean for dual nationals?

The EU's Entry & Exit System (EES) of enhanced passport checks will usher in big changes for travellers - here we answer readers' questions on the position for dual nationals.

What will Europe's EES passport checks mean for dual nationals?

The EU is preparing, after many delays, to introduce the EES system for travel in and out of Europe.

You can find a full explanation of how it works HERE, but in essence it is an enhanced passport check – registering biometric details such as fingerprints and facial scans and introducing an automatic calculation of how long you have stayed within the EU/Schengen zone in order to detect ‘over-stayers’.

And it’s already causing stress for travellers. We asked readers of The Local to share their questions here – and one of the biggest worries was how the system will work for dual nationals ie people who have a passport for both an EU country and a non-EU country.

EES: Your questions answered

EU passports 

One of the main purposes of EES is to detect ‘over-stayers’ – people who have either stayed in the EU longer than their visa allows or non-EU nationals who have over-stayed their allowance of 90 days in every 180.

As this does not apply to EU nationals, people travelling on an EU passport are not required to do EES pre-registration and will continue to travel in the same way once EES is introduced – going to the ‘EU passports queue’ at airports, ports and stations and having their passports scanned as normal.

Non-EU 

Non-EU travellers will, once EES is up and running, be required to complete EES pre-registration.

This means that the first time they cross an EU/Schengen zone external border they will have to go to a special zone of the airport/port/terminal and supply extra passport information including fingerprints and a facial scan.

This only needs to be done once and then lasts for three years.

Non-EU residents of the EU/Schengen zone

This does not apply to non-EU citizens who are permanent residents of an EU country or who have a long-stay visa for an EU/Schengen zone country – click HERE for full details.

Schengen zone passports/Irish passports 

EES applies within the Schengen zone, so people with Swiss, Norwegian and Icelandic passports are treated in the same way as citizens of EU countries.

Ireland and Cyprus are in the EU but not the Schengen zone – these countries will not be using the EES system at their borders, but their citizens are still EU citizens so can continue to use EU passport gates at airports and will be treated the same as all other EU citizens (ie they don’t have to do EES pre-registration).

OK, so what if you have both an EU and a non-EU passport?

They key thing to remember about EES is that it doesn’t actually change any of the rules on immigration – it’s just a way of better enforcing the rules that are already in place. 

Therefore the rules for dual nationals remain as they are – for most people which passport to travel on is a matter of personal choice, although Americans should be aware that if you have a US passport and you are entering the USA, you must use your American passport. 

But it’s also important to remember that the passports of dual nationals are not ‘linked’ – therefore if you present an American passport at the Italian border, you will be treated exactly the same as every other American, there is no way for the border guard to know that you are also Italian.

Likewise if you are a UK-Germany dual national and you travel back to the UK on your German passport, you can expect to be treated the same as every other German at the border, and might be asked for proof of where you are staying in UK, how long you intend to stay etc – the system has no way of knowing that you are also British. 

Therefore whether you have to complete EES pre-registration or not is entirely a matter of which passport you are travelling on – if you use your EU passport you won’t have to do it, if you use your non-EU passport you will.

It’s also possible to use two passports for the same trip – so let’s say you’re travelling from Spain to Canada – you enter Canada on your Canadian passport, and show your Canadian passport again when you leave. However, once you re-enter Spain you show your Spanish passport in order to benefit from the unlimited length of stay.

If you’re travelling between France and the UK via the Eurostar, Channel Tunnel or cross-Channel ferry, you need to remember that the Le Touquet agreement means that French passport checks take place in the UK and vice versa. You can still use both passports, but you just need to keep your wits about you and remember to hand the French one to the French border guards and the British one to British guards.

In terms of avoiding immigration formalities using two passports is the most efficient way for dual nationals to travel, but some people prefer to stick to one passport for simplicity, or don’t want to keep both passports together in case of theft.

Basically it’s a personal choice, but you just need to remember that you will be treated according to the passport that you show – which includes completing EES pre-registration if you’re showing a non-EU passport.

It’s also worth remembering that if the changes do cause border delays (and there are fears that they might especially at the UK-France border), then these will affect all travellers – regardless of their passport. 

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