The Affair of the Gang of Barbarians

The affair of the Gang of Barbarians (French: l'affaire du gang des barbares) was a kidnapping and torture case that gripped and shocked France both because of the fear of resurgence of antisemitism (because the crime was motivated by antisemitism and money)[1] and also because of the vicious nature of the crime committed.

A total of 27 people were accused as implicated in the crime and were tried for kidnapping and murder in 2009. Gang leader Youssouf Fofana (born 1980 in Paris to immigrants from Côte d'Ivoire) was convicted and sentenced to life in prison with no possibility of parole for 22 years. Others received shorter prison sentences, some suspended, and three were acquitted. While Fofana's life sentence was definite, 14 of the 27 verdicts were appealed by the prosecution.[2] The convictions were upheld on appeal in December 2010.[3]

Timeline of the crime

According to press reports based on information from French criminal investigation authorities, as of February 25, 2006, the crime was believed to have happened as follows:

Reburial in Israel

Halimi was initially buried in the Cimetière parisien de Pantin. At the request of the family, the remains of Ilan Halimi were reburied in Har HaMenuchot cemetery[8] in Israel on Friday, February 9, 2007.[9] It was timed to allow his first Yartzeit, on Tu Bishvat, to pass before the reburial.[10] The date and time (11:30 am) also marked "exactly one year after his burial in France according to the Jewish Calendar."[11]

Kidnappers and associates

The crime was committed by a group of persons belonging to a gang calling themselves les barbares (The Barbarians). Many of them have criminal records and have been imprisoned.

During the investigation it appeared that key members of the group were probably implicated in at least 15 other cases of kidnapping or racketeering.[12] Posing as members of the National Front for the Liberation of Corsica or members of the French division of the PFLP, they threatened several high-ranking CEOs including Jérôme Clément, president of the European TV operator Arte, Rony Brauman, former president and co-founder of Médecins Sans Frontières, and the CEO as well as another high-ranking member of a large company selling home appliances. They sent threatening pictures of an unknown man dressed as a middle-eastern Arab in front of a picture of Osama Bin Laden. In another case, the owner of a large grocery store was directed to pay 100,000 euros.

In total, 27 individuals were under investigation and were subsequently put on trial. Among these:

He is suspected of other kidnappings and was responsible for the honeypot activities of the girls.[16]

Others who were implicated:

Many others were implicated but their direct connection to the crime could not be proven.

Similar assault

On February 22, 2008, six members of a group calling themselves Barbarians assaulted 19-year-old Mathieu Roumi in the same Paris suburb of Bagneux where Halimi was kidnapped. For two hours the attackers tortured the young man. One shoved cigarette butts into his mouth, another took issue with Roumi's Jewish origin (paternal), grabbed correction fluid and scrawled sale juif ("dirty Jew") and sale PD ("dirty faggot") on his forehead.[19] When the issue of his sexual orientation arose, one of them placed a condom on the tip of a stick and shoved it in Roumi's mouth. The six men proceeded to scream at him and threaten that he would die the way Halimi did.[20] The men were all arrested.

Kidnapping and investigation

The kidnapping seems to be motivated by a combination of antisemitism and a desire for money. Although the torture was largely directed at his genitals, there was no evidence of sexual assault or a sexual motive.

Ransom

The kidnappers originally thought Halimi was wealthy because he came from a Moroccan Jewish family, though he came from the same poor and working-class neighborhood on the outskirts of Paris as the kidnappers did.[21][22][23] According to then Interior Minister Nicolas Sarkozy, members of the gang confessed that they believed all Jews to be rich and it motivated them to target several Jews.[24]

The kidnappers demanded ransom, initially EUR 450,000, eventually decreasing to EUR 5,000. It has been claimed that the family of Halimi was told that if they could not raise the money, they should get it from the Jewish community.

In order to convince Halimi's parents their son had been kidnapped, the abductors sent a picture of the young man being threatened by a gun and holding a newspaper to prove the date and time.[7]

Police investigation

The French police were heavily criticized because they initially believed that antisemitism was not a factor in the crime.[21] Police have attributed to the banlieues' gang subculture a "poisonous mentality that designates Jews as enemies along with other 'outsiders,'" such as Americans, mainstream French, and Europeans in general. "If they could have gotten their hands on a (non-Jewish) French cop in the same way, they probably would have done the same thing," a retired police chief opined.[6] This may have hampered the original investigation. Antisemitism is an aggravating circumstance (circonstance aggravante) in a murder case in France.

Ruth Halimi, Ilan's mother, subsequently co-authored a book with Émilie Frèche titled 24 jours: la vérité sur la mort d'Ilan Halimi, released April 2009. In the book, Ruth claimed that French police never suspected her son's kidnappers would kill the 23-year-old after three weeks in captivity in 2006, partly because they would not face the antisemitic character of the crime (as reported in the French daily Le Figaro). Émilie Frèche stated that "by denying the anti-semitic character, ... [the police] did not figure out the profile of the gang." The book details how Ilan's parents were told to stay silent during the ordeal and were ordered not to seek aid in order to pay the ransom, nor show their son's photo to people who might have come forward with information about his whereabouts.[25]

In an interview with Elle Magazine on March 27, 2009, Ruth Halimi stated that "The police were completely off the mark. They thought they were dealing with classic bandits, but these people were beyond the norm." Halimi stated that she wrote the book to "alert public opinion to the danger of anti-semitism which has returned in other forms, so that a story like this can never happen again".[25]

Public interest and reaction

The case was widely reported on both in and outside France.

France

Then French prime minister, Dominique de Villepin declared that the "odious crime"[26] was antisemitic, and that antisemitism is not acceptable in France.[27]

Six French associations called for a mass demonstration against racism and antisemitism in Paris on Sunday, February 26. Between 33,000 (as estimated by police) and 80,000 to 200,000 (as estimated by the organizers) people participated in Paris, as well as thousands around the country. Present were public figures such as Philippe Douste-Blazy, François Hollande, Lionel Jospin and Nicolas Sarkozy. Also among the participants were Dalil Boubakeur, head of the Paris Mosque and Chairman of the Council of Muslims in France, and Cardinal Jean-Marie Lustiger.[28] Right-wing politician Philippe de Villiers was booed by far-left militants and had to leave under police guard.[29]

Outside France

On May 9, the United States Helsinki Commission held a briefing titled "Tools for Combatting Anti-Semitism: Police Training and Holocaust Education" chaired by Commission Co-Chairman Chris Smith (a Republican representative) who said: "[Halimi's] tragedy made brutally clear that Jews are still attacked because they are Jews, and that our work to eradicate all forms of anti-Semitism in all its ugly forms and manifestations is far from done."[30]

Books

A number of books have been written about the case. Among them:

2009 trial

The trial, which started on April 29, 2009, was conducted behind closed doors because two of the suspects were minors. In France court cases implicating minors are held behind closed doors.[31]

The Halimi family wanted the trial to be conducted openly.[32] Francis Szpiner spoke for Ruth Halimi saying: A public trial would have helped better understand the criminal machine, to make parents and teenagers reflect. It's the law of silence that killed her son, it would be unbearable for the trial to remain silent.

The trial took 10 weeks.

Incidents during and around the trial

Verdict and sentencing

On the evening of Friday, July 10, 2009, the verdict was handed down.[35] Ilan Halimi's mother and others were absent from the court, as the Sabbath had already started.

Of the 27 people on trial, 3 were acquitted.

Name Request Sentence Parole Appeal
Fofana, Youssouf
Life
Life
22 years
No
Soumbou, Jean-Christophe
20 years
18 years
Yes
Aït-Abdelmalek, Samir
20 years
15 years
Yes
Gavarin, Jean-Christophe
15 years
15 years
No
Moustafa, Nabil
13 years
13 years
No
Birot Saint-Yves, Cédric
12 years
11 years
Yes
Polygone, Fabrice
12 years
11 years
Yes
Touré Kaba, Yayia
12 years
11 years
Yes
Ribeiro, Jérôme
12 years
10 years
Yes
Arbabzadeh, Sorour
10–12 years
9 years
Yes
Gouret, Tiffenn
10 years
9 years
Yes
Serrurier, Gilles
10 years
9 years
Yes
Martin-Vallet, Christophe
8–10 years
10 years
No
Louise, Franco
8–10 years
5 years
Yes
Oussivo N'Gazi, Francis
6–8 years
7 years
No
Oussivo N'Gazi, Guiri
5–7 years
6 years
No
Pastisson, Jérémy
5–7 years
3 years
Yes
Fontaine, Sabrina
5 years
3 years
Yes
Lorleach, Audrey
3 years, 20 months suspended
2 years, 16 months suspended
Yes

A number of others, whose implication was not direct, or related to other activities of the gang, received smaller sentences. Three persons were acquitted. Notable is that one person, for whom originally no sentence was asked, received a suspended sentence.

After the trial

Sorour Arbabzadeh, the then-17-year-old French-Iranian girl who acted as bait to trap Halimi, was sentenced to 9 years imprisonment.[36] While serving her sentence in the Versailles women's prison, she seduced a guard and the director of the prison, Florent Gonçalves, who is now imprisoned himself.[37] For this she was sentenced to four months imprisonment.

2010 retrial

The sentences issued after the first trial were criticized as too lenient by some parties, while others such as the attorney general Philippe Bilger found the sentences "exemplary".[38] Minister of Justice Michèle Alliot-Marie, demanded an appeal of 8 of the 17 heaviest verdicts.[39]

Richard Prasquier, president of CRIF, France's main Jewish organization, said that a law may soon be available that would preclude closed-door trials in this type of case.[8] "Perhaps in a year's time there will be a new trial, and perhaps it will be public."

A Halimi relative said: "The important thing for me is not handing out heavier jail terms, honestly. The important thing is to open this to the press and public and make it a learning experience."

The retrial was officially announced Monday July 10, 2009. It started on October 25, 2010, and ended on December 17, 2010, with all convictions upheld and time added to some sentences.[40]

See also

References

  1. "Suspects in death of French Jew face trial". Ynetnews. Associated Press. April 29, 2009. Retrieved July 29, 2014.
  2. "'Gang des barbares': 14 accusés seront rejugés en appel" ['Gang of Barbarians': 14 defendants will be retried on appeal]. Le Monde (in French). AFP. July 13, 2009. Retrieved July 29, 2014.
  3. "France: Convictions Upheld in Killing of French Jew". The New York Times. Associated Press. December 18, 2010. p. A9. Retrieved November 16, 2011.
  4. 1 2 Campbell, Matthew (April 2, 2006). "Barbarians of suburbs target French Jews". World News. London: Times Online. Retrieved May 12, 2009.(subscription required)
  5. Smith, Craig S. (March 5, 2006). "Torture and Death of Jew Deepen Fears in France". The New York Times. Retrieved May 11, 2009.
  6. 1 2 Rotella, Sebastian; Achrene Sicakyuz (February 26, 2006). "Parisians Stare at the Evil Within". Los Angeles Times. pp. A–1. Retrieved 2008-12-30.
  7. 1 2 Michel Gurfinkiel (February 22, 2006). "Tale of Torture and Murder Horrifies the Whole of France". The New York Sun. Retrieved July 29, 2014.
  8. 1 2 Brett Kline (July 16, 2009). "Trials and Tribulations". The Jerusalem Post. Retrieved July 29, 2014.
  9. 20Jerusalem%2011-Feb-2007{}
  10. "Hundreds Attend Reburial in Jerusalem of French Jew Murdered in Paris". The Jewish Federations of North America, Inc. Retrieved July 29, 2014.
  11. "The remains of Ilan Halimi, murdered in Paris last year in a vicious antisemitic attack, will be reburied in Jerusalem on Friday" (Press release). Jewish Agency for Israel. February 7, 2007. Retrieved July 29, 2014.
  12. "La police cherche encore des membres du gang". Le Figaro (in French). February 27, 2006. Retrieved 2008-12-30.
  13. Steven Erlanger (July 11, 2009). "Man Sentenced to Life in Killing of Jew in France". The New York Times. p. A8. Retrieved July 29, 2014.
  14. "Fofana, la confession scandale". Le Figaro (in French). February 28, 2006. Retrieved 2008-12-30.
  15. 1 2 3 Lévy, Alexandre (February 27, 2006). "La composition de la bande se précise, poursuite des interrogatoires de Fofana" [The composition of the band is clarified, pursuant to questioning Fofana]. Le Monde (in French). Retrieved 2008-12-30.
  16. (in French) Article in Liberation, March 1, 2006
  17. His name was not published in the initial accounts
  18. (in French) AFP, June 30, 2009
  19. "La victime, ange ou démon?" [The victim, angel or demon?] (in French). BMFTV. March 6, 2008. Retrieved July 29, 2014.
  20. Daniel Ben Simon (March 5, 2008). "Jewish teen tortured in French town where Ilan Halimi was killed". Haaretz.
  21. 1 2 Bernard, Ariane; Craig S. Smith (February 23, 2006). "French Officials Now Say Killing of Jew Was in Part a Hate Crime". The New York Times. Retrieved 2008-12-30.
  22. http://www.haaretz.com/hasen/spages/1004804.html
  23. http://www.ynetnews.com/articles/0,7340,L-3515340,00.html Philippe Ovadia, the head of the Jewish community living in the very same lower-class area as the place where Halimi was held captive.
  24. Naughton, Philippe (February 23, 2006). "Paris kidnap gang suspect arrested in Ivory Coast". The Times. London. Retrieved May 5, 2010.
  25. 1 2 Devorah Lauter (April 2, 2009). "Murdered man's mother blames police". Jewish Telegraphic Agency (JTA). Retrieved July 29, 2014.
  26. Rotella, Sebastian (February 21, 2006). "Anti-Semitism Is Alleged in French Torture-Killing". Los Angeles Times. pp. A.3. Retrieved 2007-03-23.
  27. Poller, Nidra (February 26, 2006). "The Murder of Ilan Halimi". The Wall Street Journal. Archived from the original on 2006-02-26. Retrieved 2007-03-23.;
  28. March in Paris in Memory of Slain Jewish Youth on the EJC website
  29. L'Express Archived October 1, 2007, at the Wayback Machine.
  30. "OSCE at 'Critical Point' in Fight Against Anti-Semitism; Helsinki Commission Briefing Details Initiatives to Combat Intolerance". SIP Trunking Report. Comtex Global News. May 12, 2006. Retrieved July 29, 2014.
  31. Articles 14 and 20 "Ordonnance n° 45-174 du 2 février 1945 relative à l'enfance délinquante" [Ordinance No. 45-174 of 2 February 1945 on juvenile delinquency] (in French). July 12, 2014. Retrieved July 29, 2014.
  32. Julien Konczaty,; Gonzalo Fuentes (October 22, 2010). "Affaire Halimi: "Il n'y a aucune justification au huis-clos"" [Halimi case: "There is no justification for closed session"]. l'Express (in French). Reuters.
  33. Flore Galaud (June 11, 2009). "Fofana expulsé de son procès après un lancer de chaussures" [Fofana expelled from his trial after a shoe throwing]. Le Figaro (in French). AFP. Retrieved July 29, 2014.
  34. "Family of Slain French Jew Walks Out of Murder Trial". Fox News. Associated Press. April 30, 2009. Retrieved May 12, 2009.
  35. . European Jewish Press https://web.archive.org/web/20120220013549/http://ejpress.org/article/37916. Archived from the original on February 20, 2012. The verdict was handed down late on Friday as Shabbat already started — by nine judges and a nine-member jury Missing or empty |title= (help)
  36. Patricia Tourancheau (July 11, 2009). "Peine maximale pour le cerveau du "gang des barbares"" [Maximum penalty for the brains of "gang of barbarians"]. Libération (in French). Retrieved July 29, 2014.
  37. "In France, Ex-Warden Jailed For Affair With Infamous "Femme Fatale" Inmate". World Crunch. February 16, 2012.
  38. Jérôme Bouin (July 12, 2009). "Affaire Halimi: un verdict qui ne passe pas" [Halimi Case: A verdict that does not pass [i.e. fails]]. Le Figaro (in French). Associated Press and AFP. Retrieved July 29, 2014.
  39. ""Gang des barbares": peines alourdies requises en appel" ["Gang of Barbarians" burdened penalties required appeal]. Le Parisien (in French). December 9, 2010. Retrieved July 29, 2014.
  40. "France: Convictions Upheld in Killing of French Jew". The New York Times. Associated Press. December 17, 2010. p. A9. Retrieved 2010-12-17.

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