E28 General Franks remains accused in Belgium (Stop USA Communique)

[Michel COLLON <michel.collon at skynet.be>]

COMMUNIQUE STOP USA

Today is a day of shame for Belgium! The first act of the new Verhofstadt
government was to drop its trousers in front of Bush. By suppressing the
law of universal competence, this government accorded impunity to the worst
crimes that risk being committed in the next series of wars. But Stop USA
tried to emphasize that the criminal complaint against General Franks, in
which 17 Iraqi and 2 Jordanian families of victims gave evidence, still
remains filed in Belgium and the intention is to go to the bitter end!
ExplanationsŠ.

1.    The pressure from the White House is enormous! This government began
its existence in an unlikely fashion by abrogating a law that punishes
genocide and war crimes. Is Belgium a sovereign state or a colony? It's a
question that has far-reaching impact: doesn't Bush consider the entire
world to be a U.S. colony?

2.    Numerous testimonies reveal that serious crimes have been committed
by the U.S. Army against the Iraqi population: bombardments and assaults
against civilians, attacks against hospitals and ambulances, attacks
against journalists, and the organization and protection of lootings. The
Belgian government is burying the victims a second time by turning its back
on the crimes that have been committed.

3.    From a legal point of view, this government began with a
jurisprudential monstrosity as it claims to have buried all but three of
the complaints. What right does the chief executive have to meddle in the
judiciary? What right does he have to issue a decree deciding who the
"good" victims are and who the "bad" victims are? What right does he have
to claim that this law is retroactive, annulling criminal complaints that
have already been filed? In every self-respecting legal system, a law is
valid for the future, not the past.

4.    But the government, aided by certain media, has remained silent about
the criminal complaints filed against General Franks, and the silence began
with Bush's fury. Meanwhile, they are trying to make people believe that
the complaint has already been sent back to Washington for consideration
(in other words, tossed into the garbage). In reality, the complaint is
still filed in Belgium: the attorney Jan Fermon filed an appeal with the
"Chambre des mises en accusation". He also had sixty days to file an appeal
with the Conseil d'Etat to annul the decision of the preceding government.
The complaint will go all the way to the end. Soon available on the Stop
USA site, there is a memorandum of law that was edited today by Mr. Fermon.
It dismantles the pseudo-legal patch up job done by the government.

5.    As an excuse, Verhofstadt pretended to want "to avoid frivolous
appeals such as we have witnessed" (Le Soir, July 14, 2003). Is the
complaint against General Franks frivolous? It has been documented by
numerous witnesses, dozens of hours of video. The case is rock solid. But
the government didn't even bother to respond. We challenge you, Monsieur
Verhofstadt, and the minister of Foreign Affairs, Louis Michel, to accept a
public debate in which you should have no trouble demonstrating that the
criminal complaint is frivolous!

6.    What will become frivolous, at least, is the very idea of denouncing
war crimes committed by "our friends." Will the U.S. Army get a clean bill
of health? With its long record of crimes in Vietnam (napalm), Panama
(bombardment of civilian neighbourhoods, 2,000 deaths), Bosnia
(bombardments of civilian zones with depleted uranium), Yugoslavia
(bombardment of factories, civilian infrastructure, assassinations of
journalists, the violation of the UN Charter), in Iraq once againŠ.

7.    Another excuse has been put forward: it was a question of keeping the
U.S. from moving NATO headquarters from Brussels to Warsaw and to thus save
jobs in Belgium. One must note that men like Willy Claes (former NATO
Secretary), who keeps trotting out this argument, didn't lift a finger when
Philips closed a factory in his province or when Ford threatened the jobs
of the workers in Genk. And the blackmail accompanying U.S. investments in
Europe? But Europe has invested much more capital in the U.S. than the
other way around!

8.    In reality, the movement toward the East has already been decided a
long time ago by the United States in order to draw closer to the new wars
it plans to wage there and in the Middle East. To prostrate one's self
before Washington solves nothing.  History has already provided enough
examples. This means that new wars are in preparation and that the law of
universal competence offers at least a guarantee for future victims to seek
justice.

9.    Invariably, each legal project must pass through parliament. Stop USA
will mobilize public opinion and will exert pressure to stop to this
shameful law that shields war criminals with impunity. With parliament
reconvening, we will organize public debates, invite parliamentarians from
all parties to take a position, and will we broadcast the results.  Help us
organize these debates! Ask people to sign our Appeal. Resisting Bush's
diktats is indispensable for defending peace for years to come!

10.    In July and August, we will continue our task of spreading the news,
most notably with music festivals and a two and one half minute video clip
(in French and in English) about our complaint. For any questions,
information or suggestions, e-mail us at info at stopusa.be.  

FOR STOP USA
Michel Collon


To contact the attorney Jan Fermon:  jan.fermon at progresslaw.net or
00 32 (0)475 / 44.18.96.

July 14 - Translated by Milo Yelesiyevich