Georges Boudarel
Encyclopedia
Georges Boudarel was a French academic and Communist militant. He was accused of torturing French prisoners for the Viet Minh
Viet Minh
Việt Minh was a national independence coalition formed at Pac Bo on May 19, 1941. The Việt Minh initially formed to seek independence for Vietnam from the French Empire. When the Japanese occupation began, the Việt Minh opposed Japan with support from the United States and the Republic of China...

 during the First Indochina War
First Indochina War
The First Indochina War was fought in French Indochina from December 19, 1946, until August 1, 1954, between the French Union's French Far East...

.

Biography

Born at Saint-Étienne
Saint-Étienne
Saint-Étienne is a city in eastern central France. It is located in the Massif Central, southwest of Lyon in the Rhône-Alpes region, along the trunk road that connects Toulouse with Lyon...

, Loire
Loire
Loire is an administrative department in the east-central part of France occupying the River Loire's upper reaches.-History:Loire was created in 1793 when after just 3½ years the young Rhône-et-Loire department was split into two. This was a response to counter-Revolutionary activities in Lyon...

, Boudarel studied at a Marist
Society of Mary (Marists)
The Society of Mary , is a Roman Catholic religious congregation or order, founded by Father Jean-Claude Colin and a group of other seminarians in France in 1816...

 seminary before becoming a history professor at the Saigon
Ho Chi Minh City
Ho Chi Minh City , formerly named Saigon is the largest city in Vietnam...

 Lycée Marie-Curie in the late 1940s and during the First Indochina War
First Indochina War
The First Indochina War was fought in French Indochina from December 19, 1946, until August 1, 1954, between the French Union's French Far East...

. He led the Indochinese branch of the French Communist Party
French Communist Party
The French Communist Party is a political party in France which advocates the principles of communism.Although its electoral support has declined in recent decades, the PCF retains a large membership, behind only that of the Union for a Popular Movement , and considerable influence in French...

, called Groupe culturel marxiste.

In 1949, Boudarel, now a teacher of philosophy at the lycée Yersin in Da Lat, left his job and joined with the Viet Minh
Viet Minh
Việt Minh was a national independence coalition formed at Pac Bo on May 19, 1941. The Việt Minh initially formed to seek independence for Vietnam from the French Empire. When the Japanese occupation began, the Việt Minh opposed Japan with support from the United States and the Republic of China...

 in the North of Tonkin, where he was made a Political commissar
Political commissar
The political commissar is the supervisory political officer responsible for the political education and organisation, and loyalty to the government of the military...

 in the prisoner camp "Camp 113" at Lang-Kieu, near the Chinese border, South of Ha-Giang. He went by the nom de guerre of Dai Dong. Numerous testimonies of survivors of the camp would later accuse Boudarel of torturing French Army prisoners. During the year where he was on duty at the camp, 278 prisoners out of 320 perished.

Boudarel left Vietnam in 1964 for the Soviet Union. He later worked in Czechoslovakia
Czechoslovakia
Czechoslovakia or Czecho-Slovakia was a sovereign state in Central Europe which existed from October 1918, when it declared its independence from the Austro-Hungarian Empire, until 1992...

 for the World Federation of Trade Unions
World Federation of Trade Unions
The World Federation of Trade Unions was established in 1945 to replace the International Federation of Trade Unions. Its mission was to bring together trade unions across the world in a single international organization, much like the United Nations...

.

After an amnesty
Amnesty
Amnesty is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent people, without changing the laws defining the offense. It includes more than pardon, in as much as it obliterates all legal remembrance of the...

 law was voted by the Parliament of France
Parliament of France
The French Parliament is the bicameral legislature of the French Republic, consisting of the Senate and the National Assembly . Each assembly conducts legislative sessions at a separate location in Paris: the Palais du Luxembourg for the Senate, the Palais Bourbon for the National Assembly.Each...

 in June 1966, notably amnestying crimes committed during the Indochina War, he returned to France where he obtained a position as a maître de conférence
Academic rank in France
The following summarizes basic academic ranks in the French higher education system:-State university system:* PU equivalent to Full Professor)...

 at Paris Diderot University, and researcher at CNRS. He took part in the Mai 68 movement.

On 13 February 1991, during a conference organised at the French Senate by the Centre des hautes études sur l’Afrique et l’Asie modernes, he was recognised by Jean-Jacques Beucler, then secretary of State for Veterans, who had personally taken part in the Indochina War, and been a prisoner at Camp 113. Further testimonies emerged, and within a year, charges of Crime against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...

 were raised by survivors of Camp 113. The charges were turned down by the Cour de Cassation
Court of Cassation (France)
The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based solely on points of law...

 because of the 1966 amnesty law. A recourse made on 25 February 2000 at the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

 against France, complaining about the decision by the French Cour de Cassation and alleged violations of freedom of speech, was similarly turned down in March 2003.

The ensuing controversy led to a proposal to amend article 213-5 of the French penal code so as to make crimes against humanity ineligible for amnesty.

Works

  • Georges Boudarel, La Bureaucratie au Viêt Nam, L'Harmattan, 1983.
  • Georges Boudarel, Cent fleurs éclosent dans la nuit du Viêt Nam, Jacques Bertoin, 1991

External links


Jurisprudence

  • Crim. , Bulletin criminel 1993 N° 143 p. 351 (rapport du conseiller Guerder à la Gazette du Palais n°174, 175, 23-24 juin 1993)
  • Crim.
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