Christian Tein, spokesperson for the Field Action Coordination Unit in Bourail, New Caledonia, revealed that the two investigating judges assigned to the case of the violence that occurred on May 12th and 13th in New Caledonia, resulting in eleven deaths, are set to begin their hearings in the third week of September. On Thursday, September 12th, the prosecution in Nouméa will decide whether or not to transfer the proceedings to a court in mainland France. The case, notable for its magnitude, is under intense scrutiny. It involves charges of participating in a criminal association with intent to commit crimes and offenses, such as complicity in murder and organized destruction, with the criminal investigation starting on May 17th and being handed over to the judiciary on June 20th.
The main focus of the prosecution is Christian Tein, the official spokesperson for the Field Action Coordination Unit (CCAT), the operational body of the independence party Union Calédonienne-FLNKS. Despite his incarceration, Mr. Tein was appointed as the president of the Kanak and Socialist National Liberation Front (FLNKS) on August 31st during a congress that was controversial due to the presence of moderates. Alongside him, six other CCAT executives who are under investigation are being held in mainland France, with the hearings set to take place in Lyon. Defense attorneys for these activists filed a request on September 2nd for the case to be moved, citing the public prosecutor of Nouméa, Yves Dupas’ statements which they claim undermine the presumption of innocence.
The judges in Nouméa also support the transfer of the case. Following a general assembly decision in July, the CFDT-Magistrats union took the matter to the Superior Council of the Judiciary on September 5th, stating that a case that has caused over 1 billion euros in direct damages should be handled by a specialized jurisdiction to ensure equality before the law. They argued that the tribunal in Nouméa appears to be ill-equipped and lacks adequate investigative resources, increasing the risk of the case becoming bogged down. The CFDT delegate Emmanuel Poinas also highlighted concerns about public safety and judicial impartiality in New Caledonia.
The union’s communication mentioned the “politically complex situation” locally, which has led to various pressures. On June 6th, the heads of the court of appeal in Nouméa reported to the Superior Council of the Judiciary about an “unacceptable pressure” due to a “illegal gathering of a hundred people in front of the courthouse” made up of loyalist activists led by Sonia Backès, calling for action against the CCAT. This highlights the tensions and divisions within the community. The situation underscores the challenges faced by the judicial system in New Caledonia and the need for a fair and unbiased legal process to address the violence and unrest that has occurred.
In conclusion, the legal proceedings related to the violent incidents in New Caledonia have revealed deep-seated tensions within the community and put a spotlight on the inadequacies of the local judicial system. The pressure on all parties involved, including the judges, the prosecution, and the defense, reflects the complexity of the situation and the need for a fair and impartial resolution. The decision on whether to transfer the case to a court in mainland France will have significant implications for the outcome and the credibility of the legal process. Moving forward, it is crucial for all stakeholders to work towards a peaceful and just resolution to the issues at hand in order to prevent further escalations of violence and ensure the rule of law is upheld.
