Asia Pacific Report

France’s Supreme Court has overturned a judgment imprisoning pretrial in mainland France Kanak pro-independence leader Christian Tein, who is widely regarded as a political prisoner, reports Libération.

Tein, who is head of the CCAT (Field Action Coordination Unit) in New Caledonia was in August elected president of the main pro-independence umbrella group Kanak and Socialist National Liberation Front (FLNKS).

He has been accused by the French authorities of “masterminding” the violence that spread across New Caledonia in May.

The deadly unrest is estimated to have caused €2.2 billion (NZ$3.6 billion) in infrastructural damage, resulting in the destruction of nearly 800 businesses and about 20,000 job losses.

In this new legal twist, the jailing in mainland France of Tein and another activist, Steve Unë, was ruled “invalid” by the court.

“On Tuesday, October 22, the Court of Cassation in Paris overturned the July 5 ruling of the investigating chamber of the Noumea Court of Appeal, which had confirmed his detention in mainland France,” reports NC la 1ère TV.

“The Kanak independence activist, imprisoned in Mulhouse since June, will soon have to appear before a judge again who will decide his fate,” the report said.

Kanak activists’ cases reviewed
The court examined the appeal of five Kanak pro-independence activists — including Tein – who had challenged their detention in mainland France on suspicion of having played a role in the unrest in New Caledonia, reports RFI News.

This appeal considered in particular “the decision by the judges in Nouméa to exile the defendants without any adversarial debate, and the conditions under which the transfer was carried out,” according to civil rights attorney François Roux, one of the defendants’ lawyers.

“Many of them are fathers, cut off from their children,” the lawyer said.

The transfer of five activists to mainland France at the end of June was organised overnight using a specially chartered plane, according to Nouméa public prosecutor Yves Dupas, who has argued that it was necessary to continue the investigations “in a calm manner”.

Roux has denounced the “inhumane conditions” in which they were transported.

“They were strapped to their seats and handcuffed throughout the transfer, even to go to the toilet, and they were forbidden to speak,” he said.

Left-wing politicians in France have also slammed the conditions of detainees, who they underline were deported more than 17,000 km from their home for resisting “colonial oppression”.

Total of seven accused
A total of seven activists from the CCAT separatist coalition are accused by the French government of orchestrating deadly riots earlier this year and are currently incarcerated – the five in various prisons in France and two in New Caledonia itself.

They are under investigation for, among other things, complicity in attempted murder, organised gang theft with a weapon, organised gang destruction of another person’s property by a means dangerous to people and participation in a criminal association with a view to planning a crime.

Two CCAT activists who were initially imprisoned have since been placed under house arrest in mainland France.

Tein, born in 1968, has consistently denied having incited violence, claiming to be a political prisoner.