Robert Badinter

Biography

His/her father is stopped in Lyon on February 9th, 1943. He will die in the Death camp of Sobibor.

At the beginning of its lawyer career, it had as a mentor Me Henry Torrès. It is mainly known for its combat against the Capital punishment, which it made abolish in France the September 30th 1981 as a Minister for Justice, Minister of Justice.

At this station, it also made pass from many laws like:

suppression of the jurisdictions of exception (like the Court of state security and the courts of the Armed forces in times of peace);
reinforcement of individual freedoms (suppression of legal tendencies penalizing the relations homosexual with a minor for ages where the hétérosexuelles relations were legal, etc);
improvement of the right of the victims (possibility to very justiciable of carrying a recourse in front of the Commission and the European Court of the human rights);
the development of the nonprivative sorrows of freedoms (introduction of the day-fines and works of general interest for the minor offenses);
the Law of July 5th, 1985 on the traffic accidents.

Abolition of the capital punishment

Its combat for the abolition of the capital punishment begins truly after the execution of Roger Bontems the November 28th 1972. To include/understand the importance of this execution for Robert Badinter, it is necessary to explain the facts which led Roger Bontems to the Guillotine.

Bontems was the accomplice of Claude Buffet during the catch of hostage of a supervisor and one nurse to the power station of Clairvaux. During the attack, Dresser égorgea the supervisor and the nurse. It was indeed recognized during the lawsuit that it was Buffet which had made the two murders. But sworn both decided to condemn them to the capital punishment. The fact of being condemned to death, for a person who had not killed, revolted Robert Badinter. Although in favor of abolition for a certain time, it is as from this moment that he became a savage partisan of the abolition of the capital punishment.

It is mainly for this reason that it agreed to defend Patrick Henry. During January 1976, Philippe Bertrand eight years old was removed. A few days later, Patrick Henry was challenged by the police force. He indicated itself the lower part of his bed where the small Philippe was, death, in a cover. What revolted more the French population was the behavior of Henry during the investigation before his final interpellation. A few days after the removal of Philippe Bertrand, the police officers suspectaient already Henry, but for lack of proof, they had to slacken it. It exhiba then in front of the cameras to say to which wanted to hear it that the kidnappers and the killers of children deserved death. At the side of Robert Bocquillon, Badinter took the defense of Henry. But instead of defending a killer of child, Badinter made the lawsuit of the capital punishment. And it gained, Henry was not condemned to died but not condemned to the life imprisonment.

After such a verdict, one could have believed that no court would again pronounce a death sentence in France. It was not the case. But this verdict made it possible to launch a true debate. And a face was put on the partisans of the abolition of the capital punishment, that of Robert Badinter.

Between the business Patrick Henry and the abolition of the capital punishment in 1981, three people were carried out. Badinter took an active part in the two presidential campaigns of François Mitterrand (that of 1974 and 1981). This fidelity enabled him to be appointed Minister for Justice in the government of Pierre Mauroy. One of its first actions was obviously to propose a bill aiming at abolishing the Capital punishment in France. This law was voted the September 30th 1981.

Although the capital punishment does not exist any more in France and in all Europe, of many countries continue to apply it (in particular the China and the the United States). For this reason Robert Badinter continues his combat. He was in particular one of the organizers of the first World congress against the capital punishment which proceeded with Strasbourg 21 with the June 23rd 2001.

The December 31st 2006, the shortly after the execution of the former Iraqi dictator, Saddam Hussein, Robert Badinter estimates that this act constitutes “a major political fault”. Initially, in comparison with justice for the whole of the crimes whose former dictator was not judged. Then, in comparison with the future already obscured of the Iraq, he considers that this execution is likely to worsen the dislocation of the country. He thus rejects the concept “of big step for the democracy” which the death of Saddam Hussein for the administration Bush would constitute.

He will support the February 7th 2007 in front of the Sénat the Bill aiming at registering the abolition of the capital punishment within the Constitution, thus making it possible France to ratify two treaties making impossible the re-establishment of the capital punishment to France by a simple law.

De-penalization of homosexuality

Promised by François Mitterrand at the time of the countryside for the presidential election of 1981, on a proposal from Robert Badinter the National Assembly vote on July 27th, 1982 law 82-683 of August 4th, 1982 which repeals article 332-1 of the Penal code. Created under the Mode of Vichy, this article penalized all relationship homosexual between people agreeing of less than 21 years, whereas for the reports/ratios heterosexuals, the majority was 15 years. During the years when he is Minister for Justice, several other discriminatives laws according to the Mœurs of the people will be also repealed.

Beyond its action in France the ex-guard of the seal gave an opinion for a “universal de-penalization of the homosexuality” which it supports actively.

Political career

Its political career begins as Ministre from Justice (of the June 23rd 1981 with the February 18th 1986). He is then President of the Constitutional council (of March 1986 at March 1995), named by the president of the Republic François Mitterrand and the September 24th 1995 he is elected Senator Hauts-de-Seine.

In foreign politics, it chairs the Commission Badinter , created the August 27th 1991 by the European Community, in responsibility of find solutions to solve the legal problems which involves the independence of the Slovenia and of the Croatia with respect to the Yugoslavia.

In 1991, it takes part in the development of the Constitution of the Romania.

Following health issues, in particular of the problems of sight, he announces his decision not to represent himself at the post of senator of the Hauts-de-Seine. He gives up this decision finally and is re-elected in 2004.

Entry of Turkey within the European Union

It is an adversary of the entry of the Turkey within the European Union (EU). For him, Turkey is a too proud country to yield with the rules of the European Community life.

It also estimates that the geographical location of Turkey is not a good thing for the EU and that its integration forever be one of its goals. According to him Under the terms of what Europe should it have common borders with the Georgia, the Arménie, the Syria, the Iran, the Iraq, old the the Caucasus, i.e. the most perilous area in this moment? Nothing in the project founding fathers envisaged this extension, I do not dare to say this expansion! .

Other

He is member of the Board of directors of the French Institut of international relations (IFRI).

He took part in the defense of the baron Edouard-Jean Empain after the villainous removal of this one.

He started again the commission of revision of the penal code in 1985, instigated by Valery Giscard d'Estaing in 1974, which was extinct after the election of François Mitterrand in 1981.

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