From: Jacques Du Pasquier (jacques@dtext.com)
Date: Tue Sep 10 2002 - 10:43:12 MDT
I'm back with more details (I'm not a jurist, I hope I got it right)
and some reflections. The situation is slightly more complicated, and
doesn't look particularly good within the French juridiction.
On one hand, the Prefet of Maine-et-Loire, in April 02, willing to
proceed to the burial of the Martinots, got a decision in that sense
from Cour d'Angers. Rémy Martinot appealed to it as you remember, and
the Prefet waited for the decision on the appeal, which was due
yesterday.
On the other hand, another court, "Tribunal administratif de
Nantes"(*), had to judge, more generally, whether congelation
constituted a proper and lawful burial. (That's the way they frame the
situation obviously.) Turns out they said no. That's bad. That was on
Thursday, and they justified it through the "General Code of
Collectivities" that says a dead body has to be cremated or inhumated.
Rémy Martinot appealed to that decision, too.
So yesterday, Cour d'Angers, instead of saying to the Prefet that he
could, or could not proceed, said that it would wait for the decision
on the Nantes appeal.
The decision on the Nantes appeal can take up to 6 months.
If *that* decision is negative, Rémy Martinot's lawyer says they will
seize the "Conseil d'état", which in France is the highest authority
on administrative conflicts (and also adviser to the President).
The Conseil d'Etat already rejected an appeal on a situation with the
preservation of a body in ice; however it doesn't seem that in that
case cryonics was intended. It was more like: keeping the body around,
without any hope of reviving it ever. So obviously one should plead
this is NOT a burial (otherwise they will make the same decision).
Rémy's lawyer said he was confident, because the situation here was
totally different. (But...)
If the Conseil d'Etat says no, then last resort is to go the European
Court of HUman Rights, which they say they will if needed.
I really hope that they plead the deep problem, that they make a case
for cryonics as something that is, though of course far from certain,
absolutely rational, and not just a funerary rite among others. I have
transmitted to the lawyer several documents to that effect, including
an article by Ralph Merkle (suggested by Robert), documentation on
Alcor and Cryonics Institute, names of reputed people taking cryonics
seriously, etc.
Maybe if a lawyer really getting it would get in touch that would help
a bit? I feel that Alain Fouquet, Rémy's lawyer, needs some
encouragement to the effect that, yes, there is really a good case,
and it's possible to win. If you need contact info (including
telephone) for the lawyer, just ask me. I have provided my
encouragement, and he thanked me for that, but more encouragement, and
from people who are part of the juridical world, might be useful.
The Conseil d'Etat are probably intelligent folks, and one might
succeed in explaining to them this should not be considered as a
burial, but as a situation that had not been considered in the making
of current law.
Jacques
(*) In France, you have specific courts for judging conflicts between
the citizens and administration. Apparently it is not the same in the
anglo-saxon countries. (Sorry if this is so obvious for the
juridically literate. Or if it's wrong.)
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