The “Disappeared of the Beach”

<p>December 5, 2001: FIDH, LDH and the Observatoire Congolais des Droits de l’Homme (OCDH) file a simple complaint with the public prosecutor of the Paris High Court for the crimes of “torture”, “enforced disappearances” and “crimes against humanity”, against Denis S. N., Pierre O., Blaise A., Norbert D. “and all others whom the investigation may reveal.”<br />
January 23, 2002: The Meaux public prosecutor issues an initial prosecution submission, opening a judicial investigation against X.</p>
<p><span style="text-decoration: underline;><strong>Investigative acts relating to Norbert D., Inspector General of the Armed Forces at the time of the events<br />
</strong></span>March 16, 2002: Norbert D. is found at his home in France.<br />
May 23, 2002: Norbert D. is placed in police custody and then released.<br />
July 8, 2002: Norbert D. is heard as an assisted witness.<br />
September 2002: Nobert D. is the subject of a bench warrant after refusing to respond to a summons from the judge and is indicted for “crimes against humanity, massive and systematic practice of abductions of persons followed by their disappearance, for ideological reasons and in execution of a concerted plan against a civilian population group from April 1999 to July 1999.”<br />
January 15, 2004: An international arrest warrant is issued against Norbert D.<br />
April 9, 2008: The Court of Cassation dismisses the appeal filed by Norbert D.<br />
March 30, 2012: The investigating judge of the Meaux Court relinquishes the investigation to the specialized crimes against humanity unit of the Paris High Court.<br />
In August 2013: Norbert D. is arrested in Tory, where he had come to renew his residence permit, and is indicted for “crimes against humanity”<br />
October 2014: His indictment is upheld by the Investigating Chamber of the Paris Court of Appeal.</p>
<p><span style="text-decoration: underline;><strong>Investigative acts relating to Denis S. N., President<br />
</strong></span>September 18, 2002: The investigating judge, in accordance with Article 656 of the Code of Criminal Procedure, sends the French Ministers of Justice and Foreign Affairs a request for a “written statement” from the Congolese President, on the occasion of his visit to France. According to the French authorities themselves, this request was never transmitted to him.<br />
In December 2002: The Congolese authorities bring the matter before the International Court of Justice (ICJ) following the investigating judge’s request to hear Denis S. as a witness.<br />
June 19, 2003: The ICJ issues an order refusing the provisional measures seeking to suspend the investigation in France.<br />
2010: Congo withdraws from the proceedings.</p>
<p><span style="text-decoration: underline;><strong>Investigative acts relating to Jean-François N., Director of the National Police at the time of the events<br />
</strong></span>April 1, 2004: Jean-François N. is arrested and placed in police custody.<br />
April 1, 2004: At 10:55 p.m., submissions of the prosecutor requesting the end of police custody.<br />
April 2, 2004: After his questioning, Jean-François N. is indicted and placed in pre-trial detention at La Santé Prison by the Judge for Liberties and Detention (JLD).<br />
April 2, 2004: On the evening of April 2, the defense and the Public Prosecutor’s Office file an urgent application for release (référé-liberté).<br />
April 3, 2004: At 2 a.m., the President of the Investigating Chamber of the Paris Court of Appeal, woken up in the middle of the night, overturns the JLD’s decision. Jean-François N. is released on the spot, in the middle of the night, and flies off to Congo in the middle of the night.<br />
April 5, 2004: The Public Prosecutor’s Office files an application for annulment of the investigative acts relating to Jean François N.<br />
November 22, 2004: The first chamber of the Paris Court of Appeal annuls the entire proceedings concerning him.<br />
January 10, 2007: The Court of Cassation quashes the judgment of the Investigating Chamber and remands the case to the Versailles Court of Appeal.<br />
June 20, 2007: The Investigating Chamber of the Versailles Court of Appeal annuls the documents whose annulment had been requested by the Public Prosecutor’s Office, on the grounds that the initial prosecution submission could only concern Norbert D., and remands the proceedings to the Paris investigating judge.</p>
<p><span style="text-decoration: underline;><strong>Investigative acts relating to Pierre O., Minister of Public Security at the time of the events<br />
</strong></span>September 2013: Supplementary prosecution submission against General Pierre O.</p>

oui

OCDH
LDH
FIDH

689-2 CCP

n/a

n/a

Court of Cassation, judgment of April 9, 2008, 07-86.412