President Jacques Chirac
Palais de l'Elysée
Paris, FRANCE

Dear President Chirac,

Human Rights Watch respectfully calls on you to initiate an urgent, thorough and independent inquiry into allegations by retired General Paul Aussaresses that the French government ordered or tolerated the use of torture and summary executions against supporters of Algerian independence supporters in Algeria in the mid-1950s. Given statements of his own direct involvement, we also call on you to initiate criminal proceedings against Gen. Aussaresses.

In his recent book "Services spéciaux, Algérie 1955-1957," Gen. Aussaresses has described in detail his own participation in numerous torture sessions, usually leading to the death of his prisoners, as well as in the extrajudicial execution of a number of Algerian activists, including National Liberation Front leader Larbi Ben M'Hidi.

In addition, Gen. Aussaresses repeatedly stated that high level French government officials approved his activities. Gen. Aussaresses has stated in a letter to le Monde :

"I reported daily on my activities to my direct superior General Massu, who informed …the Commander in Chief . It would have been possible for any political or military authority to put an end to them."

In his book, he wrote :

"As far as the use of torture is concerned, it was tolerated, if not recommended. François Mitterrand, the Minister of Justice, had an emissary to [General] Massu in the person of Jean Bérard who…had an exact knowledge of what was being done at night."

If Gen. Aussaresses' allegations are true, French government officials could be implicated for instituting policies in violation of Common Article 3 of the Geneva Conventions of 1949, which France ratified in 1951. That article states that

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

That opposing Algerian forces may have routinely violated these provisions in their targeting of the civilian population, despite their legal obligation to abide by them, provides no excuse or valid grounds for summary executions or torture, nor for any failure on the part of the French authorities to investigate these matters now.

The alleged acts would also appear to constitute crimes against humanity. As generally used in customary international law, crimes against humanity refer to specific acts of violence, such as murder, torture and forced disappearance, that are the product of persecution of an identifiable group of persons. Such crimes are considered non-derogable rules of international law, and as such are subject to universal jurisdiction; allow no immunity from prosecution or amnesty, even to heads of state; are not subject to statutes of limitation; and do not recognize "obedience to superior orders" as a defense.

In light of Gen. Aussaresses' allegations, we urge you to initiate without delay a full and independent investigation to establish whether during the Algerian conflict certain French military policies, orders and practices constituted or led directly to the commission of war crimes or crimes against humanity by French forces. The inquiry should also investigate the culpability of both military and civilian authorities in such crimes. Additionally, the inquiry should examine whether all necessary steps have been taken in the interim to ensure that there can be no repetition of these practices, including intensive training on the requirements of humanitarian law and the establishment of a strict accountability system to ensure that those responsible for violations face discipline or punishment. Such an inquiry should be carried out by a body that includes both civilians as well as military members, and its full findings should be made public.

Further, Human Rights Watch considers that the events described by Gen. Aussaresses should be fully and independently investigated, and that any person found to have committed serious violations of humanitarian law, including crimes against humanity, should be brought to justice. As we have noted, crimes against humanity are not subject to statutes of limitations or amnesties, and thus the French national amnesty laws adopted to cover the events in Algeria cannot stand in the way of such prosecutions.

Mr. President, it has long been the declared policy of the France to promote international humanitarian law, such as the Geneva Conventions. Yet, the standards of humanitarian law are only as strong as the practice of enforcement. You have rightly said that you were "horrified" by Gen. Aussaresses statements and asked that disciplinary sanctions be imposed and that he be suspended from the Légion d'Honneur. But the gravity of Aussaresses' atrocities demands more. For France to ignore allegations of war crimes as have been made in this case would seriously undermine efforts around the world to enforce these essential standards. So for this reason, too, we urge you to ensure that these most disturbing allegations are fully and promptly investigated.

Human Rights Watch has recently made similar recommendations to the government of the United States regarding the allegations, which surfaced around the case of former Senator Bob Kerrey, that United States troops committed violations of international humanitarian law in the war in Vietnam.

We understand that this case has rekindled a difficult national debate about how to address French activities in Algeria almost 50 years ago. But the intense feelings that the war evokes in no way diminish the French government's obligation to follow the truth wherever it may lead. A nation of laws has an obligation to determine whether its actions have been consistent with the laws that govern armed conflict. And it has a duty to apply the lessons to its conduct in future conflicts. We hope you will take the initiative to explore what lessons are to be learned from these allegations and to apply those lessons going forward.

Sincerely,

Kenneth Roth
Executive Director