FRANCE-JUSTICE/DENUNCIATION
AUGUST 31 2007 15:18h
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France`s justice ministry may change the law to stop prosecutors opening investigations on the basis of anonymous accusations.
"We are working on the subject but we have to refine our thinking. The study should lead to a draft law quickly," ministry spokesman Guillaume Didier said.
President Nicolas Sarkozy announced this week he intended to stop anonymous denunciations leading to judicial investigations, particularly in fiscal and business cases.
Sarkozy was the subject of a 2004 investigation triggered by anonymous letters that claimed his name was on a secret list of Luxembourg accounts linked to an arms deal.
The claim was subsequently proved to be false but the so-called "Clearstream affair" caused bitter divisions in the government last year. Former Prime Minister Dominique de Villepin remains under investigation.
So-called "corbeaux" ("crows") sending anonymous accusations have a time-honoured, though ill-defined, place in the French legal system despite the sinister echoes of the wartime denunciations in Nazi-occupied France. Sarkozy drew attention to the parallel in a speech this week when he asked: "What good does it do to explain to our children that Vichy and wartime collaboration is a dark page in our history and allow tax inspections or investigations on the basis of an anonymous denunciation?"
Several major scandals have been triggered by anonymous denunciations, among them the corruption case that engulfed oil group Elf in the 1990s and led to heavy prison sentences for several top executives.
Emmanuelle Perreux, president of the judges' union, Syndicat de la magistrature, said the practice allowed whistle-blowers to bring legitimate cases to light and she said denunciations were never enough on their own to secure a conviction.
"A certain number of procedures, especially business and financial, come to light because of these letters," she said.
"People don't necessarily want to cause harm or cause libel. They often act that way because they would risk something by acting openly straight away."
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