Legal

New decrees affecting circulation in Bure and Mandres-en-Barrois

* update Saturday 3rd: police controls in Ribeaucourt, Bure, Mandres, Bonnet and Thonnance-les-Joinvilles. They search the vehicles and control the ID of all passengers but let them go afterwards. The appeal against the decrees was rejected by the court, so they are still valid.

The Meuse prefecture is trying to obstruct the convergence towards Bure since the eviction of the forest and especially for the mob weekend starting on Friday 2nd. Four new decrees has been declared. They are active from March 2 (today) to March 5 :

  • A decree to ban demonstrations on the territory of Bure, Mandres-en-Barrois and adjacent villages.
  • A decree to ban parking and circulation of vehicles in the area of Bure and Mandres-en-Barrois, together with the ban of pedestrians and vehicles on the road from Bonnet to the Lejuc wood.
  • Two decrees to ban flying in the area.

However, everything is going well!

The circulation of pedestrians is still legal in the village of Bure and Mandres-en-Barrois (except around the forest, see previous decrees – French only).

From now on, absolutely no police control happened in the name of these decrees. We should be careful though (also considering the decree against the transport of material – French only).

 

If you get controlled on the way here, call the House of Resistance at 09 54 10 57 11, so we can update this article. For sure, don’t pay the fines. Our lawyers contested these decrees in court already, we should get the result Saturday before noon.

Friday 2nd : a police control happens in Thonance-les-Joinville (outside of the zone affected by the decrees). The cops also made a salivary test against drugs.

In any case, we invite you all to join us! The preparations for this weekend are going well. We won’t let them stop us!

The complete text of the decrees can be read here, in French only.

Summary of the legal actions against ANDRA

Actions against the CIGEO project:

– Geothermal energy (actually at the Court of Appeal)

The Bure site has a pretty good geothermal potential. To hide this potential and to promote the construction of CIGEO, the ANDRA realized a drilling in 2008 without respecting the standards and has manipulated the presentation of the results. The Network « Sortir du nucléaire » and five local asssociations have sued the ANDRA for non-respecting its disclosure of information.

http://www.sortirdunucleaire.org/Un-potentiel-geothermique-cache

– CIGEO project’s cost

By deference towards EDF, Areva and the CEA, which wanted to fund the less possible for the burying of the most radioactive wastes, Ségolène Royal fixed by decree the cost to 25 billions Euros, a largely underestimated cost. 5 associations are suing this decree in front of the State Council.

http://www.sortirdunucleaire.org/Bure-arrete-ministeriel-cout-Cigeo

Actions about the Bois Lejus:

– Complaint for forgery against the Mayor of Mandres

The 15th of May 2017, several inhabitants of Mandres have brought a complaint against the mayor for forgery. Indeed, he has produced at least 3 versions of different deliberations of the municipal council meeting of the 2nd of July 2015. Moreover, in the engagement to exchange the property of the Bois Lejuc signed with the ANDRA on the 6th of January 2016 signed before a notary public, this one has declared that the deliberation of the municipal council meeting « has not been contested in front of the administrative court » … But such a legal suit has been brought 3 weeks before; it has been preceded by an informal appeal signed by 31 inhabitants on the 21st of August 2015. The mayor could not have ignored this fact.

http://www.sortirdunucleaire.org/Bure-cession-bois

– Irregular Cession of the Bois Lejuc to the ANDRA

The 18th May 2017, the municipal council meeting of Mandres-en-Barrois has been summoned to vote about the property of the Bois Lejuc, after the cancellation by the administrative court of Nancy on the deliberation of the 2nd of July 2015. Under a massive police surveillance, the cession of the Bois Lejuc to the ANDRA has been voted by 6 votes against 5. A new appeal has been brought against this vote by 33 inhabitants of the municipality. The interlocutary court hearing has been held the 31st of May 2017, at the administrative tribunal of Nancy, during which the Mandres municipality and the ANDRA has brought aimed claims with no real legal basis. The decision has been rendered on the 6th of June 2017. The court has rejected the interlocutary complaint of the inhabitants without clear motives. This case is far from being over: the appeal is still to be studied.

http://www.sortirdunucleaire.org/Bure-cession-bois

– Challenge to the decree of distraction of the forest and non-submission

The Bois Lejuc has been the object of an exchange between the ANDRA and the Mandres municipality. Following this convention, a decree of distraction has been declared by the Prefecture of the Meuse, withdrawing the management of the forest from the ONF (the national office of forestry). Inhabitants of the municipality and several associations have filed an informal appeal then a contentious appeal against this decree.

Following the convention exchange between the Mandres municipality and the ANDRA, the forest should have been submitted to the ONF forestry regime. A demand to apply this regime has been sent to the prefecture and to the ONF. The 2 demands have been rejected. A contentious appeal has been brought on the 9th of February 2018.

http://www.sortirdunucleaire.org/Bure-distraction-foret-Mandres

– Barrier against the allowance for the land clearing of the Bois Lejuc

In the framework of the CIGEO project, the ANDRA planned to file an important demand to authorize the land clearing in Fall 2018. The goal is to conduct exploratory work needed to the surface installations in the « wells area ». Not having enough surfaces to compensate the land clearing, the ANDRA has launched a call for applications to forest owners, either private or public, in Meuse and Haute-Marne. On the 17th of November 2017, the municipality of Dainville has voted a project to reforest its lands with the ANDRA. An informal appeal has been brought against the municipal council.

http://www.sortirdunucleaire.org/Bure-compensation-defrichement-Lejuc

Actions about the day of the 22nd of February 2018:

– Complaint for home invasion and illegal police search at the Bure’s house: http://www.sortirdunucleaire.org/IMG/pdf/plainte_def_violation_dom_220218.pdf

Latest victory!

A notification of the Environmental Authority of the 22nd of March 2017 dispensed the ANDRA to realize an impact study for the drillings, the land clearing and the destruction of habitats of protected species for all the operations to caracterize the future sites for nuclear wastes burying. An informal appeal had been brought. Following this appeal, the  Environmental Authority had decided to retire the 22nd of March decision because the submitted project by the ANDRA included numerous drillings that should have been automatically submitted to impact study.

The ANDRA has been obliged to bring another demand to examine case by case by the  Environmental Authority; this demand has been made the 12th of September 2017. The Environmental Authority should have rendered its notification on the 17th of October 2017 but, instead, it has been noted that « the absence of answer in a 35-day period implied a mandatory environmental impact study ». The ANDRA is now constrained to realize an environmental evaluation for the all operations of characterization (drillings and land clearing) before any authorization.

http://www.sortirdunucleaire.org/Bure-etude-d-impact-CIGEO

Report from the Legal Team two days after the eviction

Following the eviction of the Lejuc wood and the House of Resistance raid Thursday morning:

  • The police made 32 arrests for identity check.

  • 5 people were taken into custody for various reasons, ranging from outrage to rebellion. A person was quickly released without charge because they couldn’t identify him/her. 4 people were released after 20 to 24 hours of custody. For the moment, 3 of them are summoned to the tribunal of Bar-le-Duc on June 12th at 9am. One for outrage and rebellion, one for violence.
  • 2 friends were brought for immediate trial Friday afternoon in Bar-le-Duc after the custody. The two used their right to refuse to be judged on the spot and were jailed in Nancy’s prison until their trial on March 19 at 3pm in Bar-le-Duc. One for rebellion and refusal to give DNA + fingerprint. The other one for violence against an holder of public authority; deterioration of property by explosive substance and refusal to give DNA + fingerprints.

Rage from Bure.

Lot of notifications

Last september, the investigating judge of Bar le Duc has supervised different police searches executed the 20th of september as part of a letter rogatory further to the damaging of the ANDRA’s hotel restaurant during the action week of june 2017. Investigators of the crime squad of the police force of Nancy led an investigation extended to the events of summer 2016, 23th and 30th of January, 18th of February, May 2017, June 2017, 14th of July, 15th of August and maybe more. Since January 2017, the notification of « free » audition or « appearance notice » are sent randomly to anybody that was controlled (in a car control or at the police station) throughout the year, got his plate number noticed during these events, people supposedly identified (on pictures, by their lost personal goods, by cops…), activists of local associations struggling against Cigeo.

We have lot of reasons to think that these notifications are going to multiply during 2018. The goal is to feed a more serious procedure which aims to stifle the struggle using trials and police intimidation (which is already blatant on the field with constant pressure from Riot police) . The criminal conspiracy is a juridical framework that has been often criticized for being fuzzy, justified by crime of intention and fed by the numerous suppositions of security prejudice of the Interior Ministry. Under the pretext of notifications of free auditions of activists or as witnesses, their goal is to turn a shallow accusation into a serious case. This malicious method has already been used elsewhere as a mean to exhaust people, to create fears, to create division among the militants and finally dealing a serious judicial blow a few years after, by the production of thousands of pages of files, to a few obstinate activists that are in the end, considered responsible of everything. Against this low-intensity repression, it is important to show solidarity against the will of division of the movement caused by the threats and intimidation and to show our cohesion beyond our diversity of opinion and practice. We must communicate on the notifications, inform each other of events, define collectively our defense and resistance line, and also keep our fierce and joyful determination in resistance. By refusing to feed their security fantasy displayed in the declarations of notification, we will dismiss this delusion of a criminal conspiracy by our declaration during auditions, and instead show that our actions are mostly the expression of an a relentless feeling of injustice and revolt. Against the general corruption, institutionalized around a radioactive project that spreads at the pace of the growth of the omerta, the resignation and the scientific lies it creates, we won’t let them atomise us, we are numerous and we want to be alive, to create and to struggle here with a social and political vision that goes beyond the mere antinuclear struggle.
Some owls of the legal team of Bure
CALENDAR
On sunday 14th at 5pm at la Maison de la Résistance discussion about the notifications and
about the new legal team. On sunday 21th of January at la Maison de la Résistance, legal
self-defense workshop, face to the convocation.
IN CASE OF NOTIFICATION OR ARRESTATION
Contact arr@riseup.net
* If you were controlled or brought to the police station around Bure
* If you get notified, yo talk together about that to not leave anyone alone against it
* If you are notified or heard by the police, to discuss about the implications of all that
* If you are called in by the court, for a juridical assistance

The forest can be evicted anytime !

This morning we had the result of Sven’s trial : the forest can be evicted anytime (they apparently don’t even need a paper). You’re more than ever welcome in the forest !

We’ll get back to you soon to give more info !

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Wednesday April 26 – Here we go again. Few months after the violent eviction of Bois Lejuc’s occupation in July 2016, this Wednesday 26 of April, the “tribunal de grandes instances” of Bar-le-Duc decided that the wood can again be evicted without any delay. The police are alloyed to take back the forest helped with their grenades. But this time won’t be like last one. Since a year we got stronger: we were hundreds to reoccupy the forest, to demonstrate, to struggle, to build, to live and to learn every of its corners.

Dozens of occupants started to live in villages next to Bure. We won legal case after the others, and make them loose many months of work. Many times we blocked the attempts of ANDRA to enter the forest and start their works.

We now invite you to join us, in big numbers, in the coming days and weeks. We are determined to oppose our fierce resistance in case of eviction of Bois Lejuc!