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French minister who abolished guillotine dies, aged 95

Former French justice minister Robert Badinter, who has died aged 95, saved many lives by dedicating his own to the fight against capital punishment, playing a pivotal role in banning the guillotine in 1981.

French minister who abolished guillotine dies, aged 95
France's former Justice Minister Robert Badinter. (Photo by Ian LANGSDON / POOL / AFP)

The soft-spoken attorney, who said he could not abide by a “killer justice system”, was widely vilified for pushing through legislation banning the death
penalty at a time when most French people still supported the practice.

He said later he had “never felt so lonely” in fighting capital punishment, which in France was carried out by beheading with the guillotine, a practice
dating back to the French Revolution of 1789.

But in years to come he would be hailed for his integrity and statesmanship.

The son of a Jewish fur trader who was deported to a Nazi death camp during World War II, he had built a reputation as a lawyer for defending – often
successfully – notorious cases that his peers wouldn’t dare touch.

“We entered the court by the front door, and once the verdict had been read and the accused’s head was safe, we often had to leave by a hidden stairway,” the man dubbed “the murderers’ lawyer” by proponents of the death penalty, recalled.

His career took a decisive turn in 1972 after one of his clients, Roger Bontems, was beheaded for his role in the murder of a nurse and a
guard during a prison escape.

Badinter was haunted by his failure to win a stay on Bontem’s execution in a case that changed his stance on the death penalty “from an intellectual
conviction to a militant passion”.

Five years later he helped convince a jury not to execute Patrick Henry for the murder of a seven-year-old boy, becoming an instant hate figure for many French people, who were baying for Henry’s head.

Badinter turned the case into a trial of the death penalty, calling in experts to describe in grisly detail the workings of the guillotine.

“Guillotining is nothing less than taking a living man and cutting him in two,” he argued.

In all, he saved six men from execution during his career, eliciting death threats in the process.

He was born in Paris on March 30, 1928, to a Jewish fur merchant who had immigrated from Bessarabia, now Moldova.

When he was 14, his father was among a group of Jews rounded up by the Gestapo in the southeastern city of Lyon and and deported to the Sobibor
concentration camp in modern-day Poland, where he died.

The young Badinter developed a keen sense of justice that led him to a law degree in France followed by a Masters from New York’s Columbia University, with a focus on ethical issues.

READ ALSO Reader question: When did France stop guillotining people?

On his appointment as justice minister in President Francois Mitterrand’s Socialist government in June 1981, Badinter made ending the death penalty an immediate priority.

France’s last execution had been in 1977 with the death of Hamida Djandoubi, a Tunisian immigrant convicted of torturing and murdering a young
woman.

Just four months after taking office Badinter ushered an abolition through parliament with a landmark speech denouncing the “stealthy executions at dawn” that were France’s “collective shame”.

Demolishing myths about the supposed deterrent effect of the death penalty, he argued: “If fear of death stopped men in their tracks we would have no great soldiers or sporting figures.”

Badinter continued to make history in 1983 when he succeeded in getting Bolivia to extradite Klaus Barbie, a former chief of the Nazis’ secret police,
the Gestapo, to France.

Notorious during the German occupation of France as the “butcher of Lyon,” Barbie was put on trial for crimes against humanity and sentenced to life
imprisonment in a landmark case that saw Holocaust victims take the stand for the first time in France.

During his five years as minister Badinter also scrapped a law discriminating against gays on the age of sexual consent and worked to improve conditions in French prisons.

A towering figure in French public life, he served as president of the Constitutional Council and as a member of the French Senate from 1995 to 2011.

The death penalty remained the bane of his existence until the end.

Badinter vowed he would work “until the last breath of life” to attain a global ban on the practice and continued to campaign against executions in China and the United States into his later years.

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POLITICS

Explained: What’s behind the violence on French island of New Caledonia?

Violent unrest has disrupted daily life on the French Pacific island of New Caledonia - leaving several dead and prompting president Emmanuel Macron to declare a state of emergency. Here's a look at what’s happening, why, and why it matters so much to France.

Explained: What’s behind the violence on French island of New Caledonia?

Two people have been killed and hundreds more injured, shops were looted and public buildings torched during a second night of rioting in New Caledonia – Nouvelle-Calédonie, in French – as anger over planned constitutional reforms boiled over.

On Wednesday, president Emmanuel Macron declared a state of emergency as the violence continued, with at least one police officer seriously injured.

What began as pro-independence demonstrations have spiralled into three days of the worst violence seen on the French Pacific archipelago since the 1980s. 

Police have arrested more than 130 people since the riots broke out Monday night, with dozens placed in detention to face court hearings, the commission said.

A curfew has been put in place, and armed security forces are patrolling the streets of the capital Noumea.

So, New Caledonia is a French colony?

New Caledonia is, officially, a collectivité d’Outre mer (overseas collective). It’s not one of the five départements d’Outre mer – French Guiana in South America, Martinique and Gaudeloupe in the Caribbean and Réunion and Mayotte in the Indian Ocean – which are officially part of France.

As a collectivité, New Caledonia has special status that was negotiated in 1988 that gives it increasing autonomy over time and more say over its own affairs that the French overseas départements.

Home to about 269,000 people, the archipelago was a penal colony in the 19th century. Today its economy is based mainly on agriculture and vast nickel resources.

What has prompted the riots?

This is about voting rights.

Pro-independence groups believe that constitutional reforms that would give the vote to anyone who has lived on the island for 10 years would dilute the vote held by the indigenous Kanak people – who make up about 41 percent of the population, and the majority of whom favour independence.

New Caledonia’s voter lists have not been updated since 1998 when the Noumea Accord was signed, depriving island residents who arrived from mainland France or elsewhere since of a vote in provincial polls, enlarging the size of the voting population.

Proponents of the reform say that it just updates voting rolls to include long-time residents, opponents believe that it’s an attempt to gerrymander any future votes on independence for the islands.

The Noumea Accord – what’s that?

It was an agreement, signed in 1998, in which France said it would grant increased political power to New Caledonia and its original population, the Kanaks, over a 20-year transition period. 

It was signed on May 5th 1998 by Lionel Jospin, and approved in a referendum in New Caledonia on November 8th, with 72 percent voting in favour.

The landmark deal has led to three referendums. In 2018, 57 percent voted to remain closely linked to France; in October 2020, the vote decreased to 53 percent. In a third referendum in 2021, the people voted against full sovereignty with another narrow margin.

And that’s what the reforms are about?

Yes. The reforms, which have been voted through by MPs in France, but must still be approved by a joint sitting of both houses of the French parliament, would grant the right to vote to anyone who has lived on the island for 10 years or more. 

President Emmanuel Macron has said that lawmakers will vote to definitively adopt the constitutional change by the end of June, unless New Caledonia’s political parties agree on a new text that, “takes into account the progress made and everyone’s aspirations”.

Autonomy has its limits.

How serious is the unrest?

French President Emmanuel Macron urged calm in a letter to the territory’s representatives, calling on them to “unambiguously condemn” the “disgraceful and unacceptable” violence.

New Caledonia pro-independence leader, Daniel Goa, asked people to “go home”, and condemned the looting.

But “the unrest of the last 24 hours reveals the determination of our young people to no longer let France take control of them,” he added.

This isn’t the first time there’s been unrest on the island, is it?

There has been a long history of ethnic tensions on New Caledonia, starting in 1878 when a Kanak insurgency over the rights of Kanaks in the mining industry left 200 Europeans and 600 rebels dead. Some 1,500 Kanaks were sent into exile.

Clashes between Kanaks and Caldoches in the 1980s culminated in a bloody attack and hostage-taking by Kanak separatists in 1988, when six police officers and 19 militants were killed on the island of Ouvea.

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