Skip to main content

France | Robert Badinter, ex-Justice minister who fought to abolish death penalty, dies at 95

Former French justice minister Robert Badinter, who has died aged 95, saved many lives by dedicating his own to the fight against capital punishment, playing a pivotal role in banning the dreaded guillotine in 1981.

Robert Badinter (pictured), born on March 30, 1928, was a prominent French lawyer, academic, and politician who played a pivotal role in the abolition of the death penalty in France. His impactful career reflects his unwavering commitment to human rights and justice.

Badinter's journey in the legal realm began with his education at the Lycée Louis-le-Grand and the University of Paris Law School, where he developed a profound attachment for the principles that would shape his future endeavors. After completing his studies, Badinter embarked on a career marked by dedication to justice.

Owing to the Nazi persecution of Jews in Occupied France, Robert's father, Simon Badinter, was arrested by the Gestapo in Lyon on February 9, 1943. Robert, 14, went looking for his father and was almost arrested. Simon Badinter was deported on March 25, 1943. He died shortly after his arrival at the Sobibor concentration camp. Robert's uncle was deported to Auschwitz, where he was murdered by the Nazis.

Academic & Politician


Robert Badinter eventually became a professor and taught at several French regional universities, before being appointed, in 1974, to the Sorbonne Law School where he taught until 1994. Alongside his academic career, he founded the law firm Badinter, Bredin & Partners in 1965, where he practiced until he became Justice Minister in 1981.

In the early 1970s, Badinter gained recognition for his involvement in high-profile legal cases, establishing himself as a formidable legal mind. His reputation led him to political circles, where he became a key figure in the Socialist Party. In 1981, when François Mitterrand assumed the presidency, Badinter was appointed as Justice Minister.

It was during his tenure as Justice Minister that Badinter achieved one of his most significant milestones—the abolition of the death penalty in France. The journey toward this landmark decision was arduous, requiring meticulous legal arguments and strategic political maneuvering.

In 1981, Badinter presented a bill to the National Assembly seeking to abolish the death penalty. The proposal faced intense opposition, with passionate debates echoing through the chambers. Badinter, however, remained resolute, relying on factual and ethical arguments to sway opinions.

Right to Life


One of the key elements in Badinter's argument was the belief that the death penalty violated the fundamental right to life, enshrined in the 1789 Declaration of the Rights of Man and of the Citizen. He emphasized that capital punishment did not deter crime and, instead, perpetuated a cycle of violence. Badinter's stance was grounded in a commitment to justice that extended beyond retribution.

The legislative process was an uphill battle, requiring Badinter to navigate through deeply ingrained beliefs and historical perspectives. His unwavering dedication and persuasive arguments ultimately prevailed. On September 17, 1981, the French National Assembly voted in favor of abolishing the death penalty, marking a historic turning point in the country's legal landscape.

Robert Badinter's role in this achievement solidified his legacy as a champion of human rights. His influence extended beyond France, inspiring global conversations about the morality and efficacy of the death penalty. Badinter's dedication to justice, backed by factual and principled arguments, reshaped legal paradigms and left an indelible mark on the landscape of human rights in France and beyond.

Witness to an Execution


In the early 1970s, Badinter was actively involved in high-profile legal cases, defending individuals facing capital punishment. His experience as a lawyer played a pivotal role in shaping his perspective on the death penalty. One of the defining moments of his career — and mission — was witnessing the guillotine execution of one of his clients, an event that left a profound impact on him.

Buffet and Bontems


In 1972, Badinter ardently advocated for Roger Bontems, who, alongside fellow inmate Claude Buffet, faced prosecution following a tragic hostage-taking incident at the Clairvaux detention center that resulted in the loss of two lives among the prison staff. Despite Roger Bontems' role being categorized as that of an accomplice during the trial, he was sentenced to death and subsequently executed. This occurred despite the fact that Bontems had not directly caused the deaths of the nurse and prison guard. 

Badinter was haunted by his failure to save Bontems from the guillotine, and the case changed his stance on the death penalty "from an intellectual conviction to a militant passion". Revolted by these judicial killings, Robert Badinter described the trial and its bloody aftermath in a book, The Execution, published in 1973.

The experience of witnessing an execution by guillotine reinforced Badinter's conviction that this form of punishment was inherently cruel and incompatible with fundamental human rights.

Patrick Henry


Five years later Robert Badinter helped convince a jury not to execute Patrick Henry, a Frenchman, who had gained notoriety for his gory involvement in the 1976 kidnapping and murder of an 8-year-old boy named Philippe Bertrand. 

Badinter became an instant hate figure for many French people, who were baying for Henry's head.

Despite the heinous nature of the crime, Badinter approached the case with a commitment to upholding the principles of justice and human rights. He strategically turned the case into a trial of the death penalty, calling in experts to describe in grisly detail the workings of the guillotine.

"Guillotining is nothing less than taking a living man and cutting him in two," he argued in front of the jury.

His previous personal encounter with the brutal nature of capital punishment had considerably fueled Badinter's determination to advocate for its abolition. He recognized the gravity of the task at hand – not only as a legal advocate but also as a moral crusader against state-sanctioned executions.

Badinter, consistent with his broader views on capital punishment, emphasized the futility of the death penalty as a means of achieving justice. The Patrick Henry trial became a platform for Badinter to articulate his belief that state-sanctioned executions only perpetuated a cycle of violence and revenge based on Lex Talionis.

The verdict in Patrick Henry's case stirred public debate and controversy. While Henry was found guilty of the crime, Badinter's defense efforts successfully spared him from the guillotine. Instead, Patrick Henry was sentenced to life in prison.

Decriminalizing Homosexuality


Robert Badinter played a significant role in the process of decriminalizing homosexuality in France. As Justice Minister under President François Mitterrand, Badinter was instrumental in advancing progressive legal reforms, including the repeal of laws criminalizing homosexual acts between consenting adults.

Before the legislative changes, homosexuality had been a criminal offense in France. The legal framework against same-sex relationships was deeply rooted in societal prejudices and discriminatory practices. Badinter, known for his commitment to human rights and social justice, sought to address these issues through legal reforms during his tenure.

In 1981, shortly after taking office as Justice Minister, Badinter championed the effort to abolish laws criminalizing homosexual relationships between consenting adults. The key initiative was the amendment to Article 331 of the French Penal Code, which criminalized same-sex acts. Badinter's push for reform aligned with broader societal shifts towards greater acceptance and recognition of LGBT rights.

Badinter's advocacy for the decriminalization of homosexuality involved navigating through political challenges and societal norms. He worked to build support for the amendment, emphasizing the principles of individual freedom, privacy, and equality before the law. His legal arguments and persuasive skills were crucial in garnering the necessary political backing for this progressive change.

The amendment to Article 331 was eventually passed by the French National Assembly on July 4, 1982. This legislative milestone marked the end of criminal penalties for same-sex relationships between consenting adults in France. It was a significant victory for LGBT rights and a reflection of Badinter's commitment to legal reforms that promote equality and human rights.

Robert Badinter's role in legalizing homosexuality in France underscores his broader dedication to dismantling discriminatory laws and fostering a more egalitarian society for all. His efforts in this regard contribute to his legacy as a key figure in the advancement of human rights and legal reforms in France.

Until his last breath


A towering figure in French public life, he served as president of the Constitutional Council and as a member of the French Senate from 1995 to 2011.

The death penalty remained the bane of his existence until the end.

Badinter vowed he would work "until the last breath of life" to attain a global ban on the practice and continued to campaign against executions in China and the United States into his later years.

Source: DPN editor, Wikipédia, France24, February 9, 2024

_____________________________________________________________________










SUPPORT DEATH PENALTY NEWS





Most viewed (Last 7 days)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.