French Protectorate
EEC law on imprisonment without charge, specifically French law?
My husband has been imprisoned in Martinique, a French Protectorate since May 13th. A large amount of cocaine was found on the yacht he was crewing. The police and the Judge involved have told me they know he is innocent. No charges have been made againt him. They tell me they can hold him for 54 months without charging him, whilst they look for the guilty party/parties. He is a British Citizen, the British Embassy are useless and I am receiving contradictory information from the lawyer I have employed and the Martinique police. For the full story please see www.freedavid.co.uk. I would be pleased to hear from anyone who has been in a similar situation or who knowledge of EEC/French law.
I found this link: http://www-rohan.sdsu.edu/faculty/rwinslow/europe/france.html
“The law prohibits arbitrary arrest and detention, and the Government generally observed these prohibitions; however, credible sources have criticized the judicial system for its inability to process suspects quickly. Some suspects spend many years in prison before a trial. According to the Prison Administration, as of June 18,598 of the 54,950 persons held in jails and prisons were awaiting trial.
Police are required by law to obtain warrants prior to taking persons into custody. Detainees have access to lawyers. Suspects must have access to a lawyer within 1 hour of being detained. Pretrial detention is generally only allowed if there is a possibility that the suspect would be sentenced to more than 3 years in prison for crimes against persons and to more than 5 years in prison for crimes against property. There is a system of bail. The law prohibits forced exile, and the Government did not employ it.”
It seems a matter for the European Court of Human Rights where a person who is not even suspected of a crime is being detained in this way. Have you approached these people? http://www.barhumanrights.org.uk/
CASABLANCA – Marseillaise
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