By Patrick Decloitre, RNZ Pacific correspondent French Pacific desk
Pro-independence Kanak leader Christian Téin will remain in a mainland French jail for the time being, a Court of Appeal has ruled in Nouméa.
This followed an earlier ruling on October 22 from the Court of Cassation, which is tasked to rule on possible procedural mistakes in earlier judgments.
The Court of Cassation found some flaws in the procedure that justified the case being heard again by a Court of Appeal.
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Téin’s lawyer, Pierre Ortet, confirmed his client’s detention in a mainland prison (Mulhouse jail, north-eastern France) has been maintained as a result of the latest Court of Appeal hearing behind closed doors in Nouméa on Friday.
But he also told local media he now intends to bring the case to the European Court of Human Rights, as well as United Nations’ human rights mechanisms — especially on the circumstances that surrounded Téin’s transfer to France on 23 June 2024 on board a specially-chartered plane four days after his arrest in Nouméa on June 19.
Nouméa Public Prosecutor Yves Dupas told local media in an interview on Friday that in this case the next step should happen “some time in January”, when a criminal chamber of the Court of Cassation is expected to deliver another ruling.
Reacting to recent comments made by pro-independence party Union Calédonienne, which maintains Téin is a political prisoner, Dupas said Téin and others facing similar charges “are still presumed innocent”, but “are not political prisoners, they have not been held in relation to a political motive”.
Alleged crimes
The alleged crimes, he said, were “crimes and delicts related to organised crime”.
The seven charges include complicity as part of murder attempts, theft involving the use of weapons and conspiracy in view of the preparation of acts of organised crimes.
Téin’s defence maintains it was never his client’s intention to commit such crimes.
Christian Téin is the head of a “Field Action Coordinating Cell” (CCAT), a group created late in 2023 by the largest and oldest pro-independence party Union Calédonienne.
From October 2023 onward, the CCAT organised marches and demonstrations that later degenerated — starting May 13 — into insurrectional riots, arson and looting, causing 13 deaths and an estimated 2.2 billion euros (NZ$3.9 billion) in material damage, mainly in the Greater Nouméa area.
“The judicial inquiry aims at establishing every responsibility, especially at the level of ‘order givers’,” Dupas told local Radio Rythme Bleu on Friday.
He confirmed six persons were still being detained in several jails of mainland France, including Téin.
3 released under ‘judicial control’
Three others have been released under judiciary control with an obligation to remain in mainland France.
“You see, the manifestation of truth requires time. Justice requires serenity, it’s very important”, he commented.
Late August, Téin was also chosen as president of the pro-independence umbrella FLNKS at its congress.
The August 2024 Congress was also marked by the non-attendance of two other main pillars of the movement, UPM and PALIKA, which have since confirmed their intention to distance themselves from FLNKS.
This article is republished under a community partnership agreement with RNZ.
