Kanak Pro-Independence Leader Christian Téin To Remain In French Jail

Thursday, 10 April 2025, 5:08 pm
Article: RNZ

Patrick Decloitre, Correspondent French Pacific Desk

New Caledonia's pro-independence Kanak leader Christian Téin will remain in mainland France jail for the time being, a French Cour de Cassation ruled on Tuesday.

Téin is the head of a Field Action Coordinating Cell (CCAT), a group created late 2023 by New Caledonia's largest and oldest pro-independence party Union Calédonienne.

From October 2023 onward, the CCAT organised a series of marches and demonstrations that later degenerated (starting 13 May 2024) into onths of civil unrest, arson and looting, causing 14 dead and an estimated €2.2 billion in material damage, mainly in the Greater Nouméa area.

In the French judicial system, the Cour de Cassation intervenes in the third instance (after an initial ruling and in second instance in appeal ruling).

It is tasked with examining potential shortfalls in the previous rulings procedure.

On 8 April, the Cour de Cassation criminal chamber said Téin's lawyers' latest request was not to be entertained.

It evoked "a grave risk of public order unrest", further stating that the previous ruling had not infringed Téin's rights.

Reacting to French media on Tuesday, Téin's lawyer François Roux said he was "more or less expecting" the ruling.

"Apparently, the Cour de Cassation believes things have been done correctly, this time", he said.

In another recent development, Roux also recalled another ruling earlier this year whereby Téin's case has now been removed from the jurisdiction of New Caledonia-based judges and has been transferred back to judges in France.

Roux also confirmed his intention now to bring the matter to the European Court of Human Rights, as well as the United Nations' human rights mechanisms, especially on the circumstances that surrounded Téin's transfer to France .

The latest ruling came following an earlier series of court hearings regarding the pro-independence leader, who was arrested in June 2024 and later indicted for his alleged involvement in the riots that broke out in New Caledonia.

The charges all relate to criminal activities, including being a party or being accomplice to murder attempts and thefts involving the use of weapons.

Four days after his arrest in Nouméa, Téin was transferred to mainland France aboard a specially-chartered plane and has since been remanded in the prison of Mulhouse (North-east of France) pending his trial.

Téin's defence maintains it was never his client's intention to commit such crimes.

Reacting to recent comments made by pro-independence party Union Calédonienne, who maintains Téin is a political prisoner, Nouméa Public Prosecutor Yves Dupas said Téin and others facing similar charges "are still presumed innocent", but "are not political prisoners, they have not been held in relation to a political motive".

"The judicial inquiry aims at establishing every responsibility, especially at the level of 'order givers," Dupas said.

He confirmed six persons were still being detained in several jails in France, including Téin.

Three others have been released but maintained under judiciary control with an obligation to remain in mainland France.

Late August 2024, Téin, from his Mulhouse jail, was also elected in absentia president of the pro-independence umbrella FLNKS at its Congress.

The August 2024 Congress was also marked by the non-attendance of two other main pillars of the movement, UPM and PALIKA, who have since confirmed their intention to distance themselves from FLNKS.

French minister, parties have re-engaged in political talks

Since earlier this year, New Caledonia's pro-France and pro-independence parties have re-engaged in political talks with France's Minister for Overseas Manuel Valls, who has already travelled twice to the French Pacific territory to re-engage of process of "discussions".

FLNKS and its main component Union Calédonienne are demanding that Téin should be allowed to take part in those talks aiming at defining New Caledonia's future political status, a demand that most pro-France parties strongly oppose.

Valls has announced he will return to New Caledonia on 29 April 2025 to resume talks with the hope that they will turn into negotiations proper.

Before his return, he has also scheduled a video conference involving all local political parties on Friday 11 April 2025.

Since Valls's last visit, which ended on 1 April, political parties involved have studied and are preparing their respective amendments on a working document the French minister left behind.

They have also gradually commented on their "discussions" with the French former Prime minister.

FLNKS's lukewarm media conference

In its latest media conference and the associated media release on 8 April, the FLNKS made a series of comments, sometimes critical, regarding its yet-unattended claims, including Téin's release as a "political prisoner".

The FLNKS also puts a prerequisite to its future participation in talks and negotiations, saying it will seek the mandate of a "Convention" to be held on 26 April 2025.

"The objective remains the same, and it is full sovereignty", FLNKS political bureau Secretary General Dominique Fochi said on Tuesday.

He however acknowledged that the "discussions" phase was now complete, but that Valls's suggested "compromise" and "concessions" from all sides would entail a "lose-lose" situation.

"We will not sign at all costs unless we see the benefits", he said.

'It's going to take a little more time': Metzdorf

On the pro-France side, vocal leader and French MP Nicolas Metzdorf told local media on Sunday that to expect a political agreement to be signed during Valls's next visit at the end of April 2025 was "definitely an optimistic version of the story".

"I think it's going to take a little more time than this".

He said, from what he felt during the previous talks, one of the main stumbling blocks was the notion of self-determination and its various interpretations.

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