Tuesday, 20 July 2010

Chrysalis to European Commissioner for human rights

C H R Y S A L I S
Association déclarée - Organisation Non Gouvernementale
Le Grand Chandon
61320 – Sainte Marguerite de Carrouges
France
Tél/Fax : 02 33 28 46 25
e-mail : crislesq@yahoo.com


July 19, 2010



Mr Thomas Hammarberg
Bureau du Commissaire aux droits de l’homme
Conseil de l’Europe
F-67075 Strasbourg Cedex



Re: Protection of a human rights Defender
and assistance to Christian Lesecq



Mr Commissioner for human rights,

Christian Lesecq is the President of our N.G.O. and he has been a human rights Defender for many years after his Property was violated by the Government of France.

His actions as a human rights Defender started with complaints before the French courts, which were followed by requests to the Human Rights European Court for violations of Property Right and for non-fulfilment of Fair Justice.

He has campaigned for years on the Internet for human rights with the web site http://www.osecours.net/, and now additionally with http://www.xrisalis.org/ our own web site. In 2007 he started a blog at http://justeurope.unblog.fr which was read by approximately 50,000 internauts up to now.

At last, Christian Lesecq wrote and publishd a book entitled “Défenseur des droits de l’homme en France », which is enclosed herein.

The book states the case by containing the description of human rights violations, attacks and harassments which have been suffered by Christian Lesecq for about 20 years and which are still going on today when Christian Lesecq is subject to governmental repeated harassments devised to silence him.

Christian Lesecq is at present retired ; 78 years old, he lives precariously in the country at Sainte Marguerite de Carrouges, 61320, France.

He has been suffering from Post Traumatic Stress Disorder treated by anti-depressants prescribed by a psychiatrist doctor from governmental department of psychotherapy (Centre Psychothérapique de l’Orne).

We refer to the Declaration adopted on February 6, 2008 by the Committee of Ministers which called the Members States :

“...IV. to take efficient measures to prevent attacks and harassments against human rights Defenders, insure independent and efficient investigation about such acts and punish responsible authors by administrative measures and/or penal proceedings” (§2.IV).

We beg you to receive the present communication by acknowledging receipt thereof.

Respectfully yours,


Chrysalis, N.G.O.
By C.Lesecq





La réponse du 31 juillet 2010:

Monsieur Lesecq,

Par le présent message, j'accuse réception de votre courrier du 19 juillet 2010 adressé au Commissaire aux droits de l'homme du Conseil de l'Europe, M. Thomas Hammarberg.

Je vous remercie des informations que vous nous avez fournies.

Le Commissaire reste très attentif à la protection des défenseurs des droits de l'homme dans les pays membres du Conseil de l'Europe qui sont engagés à assurer une protection efficace aux défenseurs des droits de l'homme et à leur action, notamment dans les situations de danger.

Sincères salutations,

Christine Mardirossian
Adviser/Conseillère

Office of the Commissioner for Human Rights
Bureau du Commissaire aux droits de l'homme
Council of Europe/Conseil de l'Europe
F-67075 Strasbourg Cedex

Fax: +33 (0) 3 90 21 50 53
E-mail: commissioner@coe.int
Internet: http://www.coe.int/commissioner

Chrysalis to United Nations in Geneva

C H R Y S A L I S
Association déclarée - Organisation Non Gouvernementale
Le Grand Chandon
61320 – Sainte Marguerite de CarrougesFrance
Tél/Fax : (33) 233 284 625
e-mail : crislesq@yahoo.com
 
 
July 19, 2010
 
 
 
Margaret Sekaggya
Special Rapporteuse on the situation of human rights Defenders
Bureau du Haut Commissariat aux droits de l’hommePalais Wilson
Office des Nations Unies à Genève
CH 1211 Genève 10
Suisse
 
 
Re: Protection of a human rights Defender
and assistance to Christian Lesecq
 
 
Dear Mrs Sekaggya,
 
Christian Lesecq is the President of our N.G.O. and he has been a human rights Defender for many years after he was deprived of his property by the Government of France.
 
His actions as a human rights Defender started with complaints before the French courts, which were followsd by seizing the Human Rights European Court for violations of Property Right and for non-fulfilment of Fair Justice.
 
He has campaigned for years on the Internet for human rights with the web site http://www.osecours.net/, and now additionally with http://www.xrisalis.org/ our own web site. In 2007 he started a blog at http://justeurope.unblog.fr which was read by approximately 50,000 internauts up to now.
 
At last, Christian Lesecq wrote and publishd a book entitled “Défenseur des droits de l’homme en France », which is enclosed herein. 
The book states the case by containing the description of human rights violations, attacks and harassments which have been suffered by Christian Lesecq for about 20 years and which are still going on today when Christian Lesecq is subject to governmental repeated harassments devised to silence him.
 
Christian Lesecq is at present retired ; 78 years old, he lives precariously in the country at Sainte Marguerite de Carrouges, 61320, France.
 
He has been suffering from Post Traumatic Stress Disorder treated by anti-depressants prescribed by a psychiatrist doctor from governmental department of psychotherapy (Centre Psychothérapique de l’Orne). 
We beg you to receive the present communication by acknowledging receipt thereof.
 
Respectfully yours,
 
 
Chrysalis, N.G.O.
By C.Lesecq
 
 
 
 

Friday, 19 March 2010

Moral Torture Within France

Twenty years ago Christian Lesecq, who was an experienced French Barrister, taught Law at the University of Paris, advised British and American companies across Europe and had sat on the boards of a number of French Corporations, heard a banging on the door in the early evening.
He answered the door to a bunch of heavies who announced that they were from the local tax office and they wanted the equivalent of €130 000 in cash immediately.
They were backed up by the Police and a removal van.
“What for?”
“Unpaid death duties on your deceased mother’s estate.” 
Maitre Christian Lesecq, responded there was no duty to pay and this had been recorded at the local tax office.
They just told him unless you have €130 000 now, we are taking your property.
Seeing these heavies had no intention of leaving, he tried appealing to reason.
“It’s the early evening the banks are closed where am I going to get that sort of money in cash?”
This was obviously the wrong thing to do. They just pushed past and stripped his house of anything valuable, including furniture that had been in his family for two hundred years. They took all of his computers, which had all of his case notes on and were the tools of his trade.
Eighteen months later a letter arrived from the Tax Office with a certificate confirming that there was no inheritance tax to pay on the property he inherited from his deceased mother.
What do you think happened next? An apology from the Tax office? Restoration of the goods taken? An apology and financial compensation?
No! It was the Gallic shrug, not my problem.
The goods disappeared and no financial restitution was made. Christian Lesecq then spent twenty years chasing this in vain through the Courts in France, right up to the European Court of Human Rights. During all that time Christian Lesecq was subject to constant harassments by the tax authorities in retaliation for his complaints for violation of his Right of Property.
Christian Lesecq wrote a book about his struggle against the State and the absurd lengths they went to in order to silence him. The book, called “Défenseur des droits de l’homme en France” (Defender of Human Rights in France) is available, in French, for €22 from the Chrysalis organisation. It makes horrific reading. The English translation will be available soon.
This book has done more for Christian's case than twenty years of struggle against the State has achieved. The Regional Newspaper ‘Ouest France’ has run with the story on January 21st, 2010.
One now hopes that criminal charges will be levelled against all those involved in the harassments tantamount to moral torture Christian was subject to and that, at the age of 77, Christian can enjoy restitution and financial compensation for the years he spent seeking justice in France and Strasbourg.
Your support to Christian and his NGO Chrysalis (www.xrisalis.org) for the sake of Human Rights within France will be most appreciated. Thank you in advance.

Saturday, 9 January 2010

To Property Owners

Below are a few quotations which property owners ought to have at the ready to defend themselves from theft by the tax administration in France and elsewhere :
Please read.

Butterworth's Dictionary of Law:
Property: A word which can be used to describe every type of right (that is , a claim recognised by law), interest, or thing which is legally capable of ownership, and which has a value. Property is either real (that is, an interest or estate in land), or personal (that is, interest in things other than land including chattels and choses in action). These rights, generally referred to as proprietary rights, are enforceable against the whole world. The content of proprietary rights is controversial but ownership includes the right to exclude others, the right to alienate and the right to use and enjoy.

Bouvier's Dictionary of Law:
Property: The right and interest which a man has in lands and chattels to the exclusion of others. 6 Binn. 98; 4 Pet. 511; 17 Johns. 283; 14 East, 370; 11 East, 290, 518. It is the right to enjoy and to dispose of certain things in the most absolute manner as he pleases, provided he makes no use of them prohibited by law. See Things.

Blackstone's Commentaries on the Laws of England:
"There is nothing which so generally strikes the imagination, and engages the affections of mankind. as the right of property."

"So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community."

"And thus the legislature of England has universally promoted the grand ends of civil society, the peace and security of individuals, by steadily pursuing that wise and orderly maxim, of assigning to every thing capable of ownership a legal and determinate owner."

George Sutherland, Associate Justice of the United States Supreme Court, 1921:
"The three great rights are so bound together as to be essentially one right. To give a man his life, but deny him his liberty, is to take from him all that makes his life worth living. To give him his liberty, but take from him his property, which is the fruit and badge of his liberty, is to still leave him a slave."

Lord Edward Coke:
"Common law doth control Acts of Parliament and adjudges them when against common right to be void."

Legal maxims:

What is mine cannot be taken without my consent.

The owner of a piece of land owns everything above and below it to an indefinite extent.

The owner of a piece of land owns everything above and below it to an indefinite extent.

It is against equity to deprive a freeman of the free disposal of their own property.

Things which belong to the person ought not to be separated from the person.

Rights never die.

Magna Carta:

"No free man shall be .... dispossessed ... unless by the lawful judgment of his own equals which is the law of the land."

Thursday, 24 December 2009

A French administrative court watched by O.N.G.

In this year 2009 the French tax administration has resumed the harassments they had started against me more than ten years ago. In effect they threatened to seize and deprived me of my home furniture which is worthless, kind of blackmail, and they blocked my bank accounts several times. I lodged a petition with the administrative court in order to get a ruling that such actions are abusive and therefore are annulled and must be specifically prohibited in the future.

My petition has been supported by the N.G.O. Chrysalis who stepped in the proceedings to check they are fair and conform with the standards set up under the Univeral Declaration of Human Rights.

I guess this is the first time that an O.N.G. is going to watch French administrative court proceedings. France has adhered to the Universal Declaration of Human Rights, which entails that France is bound to work with the Office of the United Nations High Commissioner for Human Rights (OHCHR).

The OHCHR has issued a "Handbook for NGOs" and it goes without saying that NGO Chrysalis will follow it closely in all respects.

Thursday, 23 October 2008

CHRYSALIS, a new NGO

The main purpose of Chrysalis is to promote Human Rights within France and campaign to have these rights listed within the French Constitution in order that their respect is guaranteed.

It is politically correct in France to state that the country is a democracy which fully complies with the Universal Declaration of Human Rights adopted by the General Assembly of United Nations on December 10, 1948, sixty years ago.

But this is not true. It is hypocrisy.

To wit, the judgment N° 011811 rendered on January 31, 2002 by the Administrative Court of Caen which decides that "M. Lesecq invokes vainly, however stands his case ("en tout état de cause") the provisions of the Declaration of Human Rights, the Preamble of the Constitution and the European Convention on Safeguard of Human Rights and Fundamental Freedoms concerning the right of ownership, his brief must be discarded without it be needed to consider the other defences made by the General Tax Receiver..." After that was confirmed in appeal on December 26, 2002,the highest Administrative Court (Conseil d'Etat) made the decision that there was not any argument in earnest which could give a chance of success to the case (constate : "absence de moyens sérieux suscepticles de convaincre le juge de cassatiob" (in décision du bureau d'aide juridictionnelle du 12/06/2003).

“An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.”
Norton v Shelby County, Tennessee (1886) 118 U.S. 425

This is how violations of Human Rights should be regarded in France if they were protected and guaranteed by the Constitution.

The Universal Declaration of Human Rights 1948 is binding not only upon countries which have ratified it, but also upon their citizens, bodies and organizations in order that they contribute to a better world.

Please, give your support to our campaign which is made pursuant to Articles 1st and 13 of Resolution 53/144 adopted by the UN General Assembly of December 9, 1998.

Article 1st: Anyone has the right to promote the protection and realisation of human rights at the national and international levels.

Article 13: Anyone has the right to ask for, receive and use resources in the express purpose to promote and safeguard human rights.









Thank you.







Christian Lesecq
President of Chrysalis

Right of ownership in Strasbourg

STRASBOURG, France, Oct. 22 (UPI) -- Poland must pay out a total of $48,000 in fines to several of its citizens after the European Court of Human Rights ruled against the country, officials say. In one case, the tribunal in Strasbourg, France, ruled in favor of a couple from Czestochowa, Poland, who said they were unlawfully barred from building a house on their own land because local authorities wanted to use the land otherwise, Poland Radio reported. The couple will get a $26,000 reward. And in another case, woman from Libertow, Poland, was awarded $17,000 because she has been waiting for 16 years for the Polish courts to divide her and her ex-husband's marriage assets, the broadcaster said.