Kanak pro-independence leader to remain behind bars in France over organised crime But he will challenge the detention at ECtHR and UN

Christian Téin, a Kanak pro-independence leader, will remain in jail in mainland France for the time being, following a decision by the Court of Appeal in Nouméa, the capital of New Caledonia, on November 29. 

This ruling follows an earlier judgment from the Court of Cassation on October 22, which identified procedural errors that necessitated the case being reviewed again by the Court of Appeal, Caliber.Az reports, citing the New Zealand public radio company RNZ.

Téin's lawyer, Pierre Ortet, confirmed that his client’s detention in Mulhouse jail, located in the northeast of France, remains in place after Friday's closed-door hearing in Nouméa. Ortet also stated his intention to escalate the case to the European Court of Human Rights and the United Nations' human rights mechanisms, particularly regarding the circumstances surrounding Téin’s transfer to France on 23 June 2024. Téin had been arrested in Nouméa on 19 June and flown to France aboard a specially-chartered plane.

Nouméa Public Prosecutor Yves Dupas told local media that the next phase of the case is expected to occur in January 2025, when a criminal chamber of the Court of Cassation is anticipated to issue another ruling. Dupas also addressed claims from the pro-independence party Union Calédonienne, which insists that Téin is a political prisoner.

He reiterated, “Téin and others facing similar charges are still presumed innocent,” adding that they “are not political prisoners, they have not been held in relation to a political motive.” Dupas emphasized that the charges against Téin are related to “crimes and delicts related to organised crime,” which include complicity in attempted murders, theft with weapons, and conspiracy to prepare acts of organised crime.

Téin’s defence argues that he never intended to commit such crimes. The Kanak leader is the head of the Field Action Coordinating Cell (CCAT), a group created in late 2023 by the Union Calédonienne. The CCAT organized marches and demonstrations that later escalated into insurrectional riots, arson, and looting starting on 13 May, resulting in 13 deaths and an estimated €2.2 billion in material damage, mainly in the Greater Nouméa area. Dupas explained that the judicial inquiry is focused on identifying "every responsibility, especially at the level of 'order givers.'"

Currently, six individuals, including Téin, remain detained in various jails in mainland France, while three others have been released under judicial control but must remain in mainland France. Dupas emphasized, “You see, the manifestation of truth requires time. Justice requires serenity, it’s very important.”

In late August, Téin was also appointed president of the pro-independence umbrella group FLNKS during its Congress. However, the Congress was marked by the absence of two key factions, UPM and PALIKA, both of which have since distanced themselves from FLNKS.

By Khagan Isayev