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Home arrow newsitems arrow Bad Times for WhistleBlowers ? 2018 International Human Rights Foundation René Cassin ECHR contest

Bad Times for WhistleBlowers ? 2018 International Human Rights Foundation René Cassin ECHR contest

Автор ACM
Пятница, 06 Апрель 2018
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*Strasbourg/ECHR/Angelo Marcopolo/- Speaking to "Eurofora", International Human Rights' Foundation "René Cassin"'s Chairman, former Long-Time ECHR President, Professor Jean-Paul Costa, appeared Adamant :

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- "We did Not Judge the Content of this Case. If we had done that, the Outcome would, most probably, be quite Different !", he ensured us.


He was Replying to "Eurofora"s Questions about the UnExpected Award of the Prestigious, Annual "René Cassin" Contest's Prize for 2018, Not to the Team which pleaded for a persecuted and oppressed WhistleBlower sacrificing her career in order to Reveal a Big Scandal of Government-ordered Murders, But, on the Contrary, Surprisingly, to an Opposite Team of Young Jurists, who had seeked Justifications for such an awful Regime...


- In Fact, President Costa was pointing at the Same Direction with Strasbourg University's Professor Florence Rohmer-Benoit, who had just stressed, Earlier, to "Eurofora", that the Jury's Decision to give the "Rene Cassin" Award for 2018 to the Team which Defended that Controversial "Government", in the present Mock-Hearings at the ECHR, had mainly "Focused on their Way to Deal with the Legal Proceedings" in such kind of cases, in general, and Not on the Substance of the Particular (Imaginary) Affair, which had simply given a technical pretext for this Annual Competition.

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+ And, "indeed, there was an Overwhelming Majority, almost a quasi-unanimity on the Choice that we made" in Awarding the (2018) Prize to the Defenders, (i.e. the Team which represented the State whose Government had reportedly ordered targetted killings, and put Heavy Sanctions on the WhistleBlower who tried to Reveal that Scandal), said to "Eurofora" Harry Roselmack, a well known Black French Martinican TV Journalist himself too, (Radios, TF1, Euronews, etc), who had been Exceptionaly Chosen to Chair the ECHR Mock-Legal Hearing, (playing even the prestigious Role of ECHR's President !)..

 
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- So that, in Response to "Eurofora"s 2nd Question : - "But, aren't YOU Afraid to be Criticized by Most Collegue Journalists for Letting Down a Whistle-Blower, (who acted in the name of Freedom of Expression, in a case where a Journalist was Killed in suspicious circumstances) ?", (as we asked, Half Joking, Half Seriously), Roselmack (who has just Won a Prize in UK's "Chelsea Film Festival" for his 2017 new film "Fractures", around the Hard Issue of Deadly Islamist Terrorism's pernicious propaganda), reacted with very Calm Smile, pointing anew at what he presented as a "Widespread, General Feeling", among Most Members of the jury.             

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(The 1st Black President of ECHR looks Friendly - René Cassin aiding...)


However, it's also a Fact that, at least at First Sight, a Strong Impression results by simply Reading the main Contents of the (Imaginary) Case chosen for 2018's Mock-Legal Proceedings inside the ECHR's great Chamber in Strasbourg, that the "Good" Guys, Obviously, couldn't Stand but Only in Favour of the Complaint lodged by the Whistle-Blower (a Young Woman Civil Servant at a Ministry, Fired, even Striped from her Nationality, and Prosecuted for Treason, etc), against the Government of a State seriously accused to have Ordered Targetted Killings of several Individuals, that some had Tried to timely Denounce in Public, through a Journalist (another Lady), who had, finally, been found Dead, Later-on, in non-elucidated circumstances...


A fortiori when that Complaint (mainly for Violations of the Human Rights to Freedom of Expression, Fair Trial, etc), had been quite Efficiently Presented, by a Team of Young Students of Law from the Angers University, who (by another Striking Coincidence) were All Young Ladies  : i.e. with more than 5 Women for a Total of 5 Persons on the "Good" Side of Supporters of the Truth... (Which, by the way, is also Feminine, as Word, in the Original French Language in which the "Rene Cassin" Annual Competition traditionally takes place, with the Participation of several Dozens of Universities almost from all over Europe and beyond, including this time, f.ex., in addition to Paris, Strasbourg, Grenoble, etc, also Switzerland, Bruges' "College of Europe", Romania, Armenia, the Netherlands/Maastricht, Brussels, Moscow, etc, among the Finalists).

 


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- But, as also the Experienced, former Long-Time CoE's Director-General on Legal and Human Rights issues, Philippe Boillat from Switzerland, (a Member of Today's "Court" in ECHR's main Room), agreed with "Eurofora", it's precisely this rare Overload so Many "Good" Arguments and Noble Values to support, from the Side of that WhistleBlower's Legal Complaint on Basic Human Rights grounds, that might have Incited its Team to Rely, perhaps, too much, on the intrinseque Value of the Content of its Cause, that it looked a little-bit ...Too Calm and almost Sure to Win.


- While, on the Contrary, the obviously too "Hard" job of the Adverse Team : that of the Defenders of the above-mentioned State's Government, who were Obliged to represent, apparently, the "Bad" Guy, (i.e. a Government seriously accused to Order Targetted Killings, and harshly persecutes the WhistleBlower who dares Reveal that Scandal in the Public : Comp. Supra), seems to have kind of ...Stimulated the Other 2 Young Students of Law, (them : All Young Men !), Obliging them to Make much More and Hard Efforts, Struggling with even more Fighting Spirit, etc., in order to Try to Face the Huge Challenge that they were Facing in such a thorny affair...


+ Moreover, they (as Real Human Persons), were ... "Innocent" themselves, since their assigned Role as Legal Defenders of that State, had Not been Freely Chosen, But, on the Contrary, it had been Imposed upon them, "by Drawing Lots", as the Chairwoman of this 2018 "René Cassin" International Competition, Professor in Law, Peggy Ducoulombier, said to "Eurofora".


>>> And, Indeed, one main Line that they adopted in Defense, was, apparently, Inspired by the Substance of Ducoulombier's own PhD Thesis, which she had dedicated to the analysis of "Contradictions Between Human Rights" ! (here at the ECHR, for Strasbourg's University, where she returned after Working also in Scotland/Aberdeen, UK, with American/USA Universitarians, as well as the CoE itself, etc)...


=> Thus, f.ex., to the Freedom of Expression, they Opposed the Protection of Private/Family Life and of Personal Data, (f.ex. even of the State Agents supposed to have been Ordered to facilitate of commit Targetted Killings, but Risked to see their own Family Home Address, Mobile Phone, etc. thrown to the Public, etc), as well as, (Most of all), that State's Duty to "Protect its Citizens from the Dangers of Violent (and often Deadly) Terrorism", as they repeatedly Claimed.


+ In Addition, the overall Method that had been Chosen by the Organizers this Time (for the 2018 Competition), by Exceptionaly Giving to All the Members of the "Court" to Raise and Ask Questions at Both Sides (Complaint and Defense) at Any Moment they wanted, During this Hearing's Plaidoyeries, (Something which is normaly Excluded at a Real ECHR Hearing, where Euro-Judhes can Ask Questions Only AFTER the End of the Oral Presentations initially Made by the Parties), indeed, considerablly Contributed into Making this Hearing much more "Sharp" than usual, almost Constantly requiring from Both Teams of Young Students of Law to remain at the "Cutting Edge", Ready to React Fast, Right, and Strong...


>>> A Culminating point was, at the very End of that Debate, the Replies given to a Key Question, of General Interest, about IF, and How, that WhistleBlower might, eventually, have some Other Means, Less Controversial, to Reveal to the Public those reportedly Planned Killings, in  a Timely and Efficient Way ?

 

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- From the Side of the Legal Complaint (i.e. speaking for that WhistleBlower), the Obvious Answer was "NO" : F.ex., in such a case, the Defence Minister (accused to Order the Killings) was Out of Question, his Chief of Staff had No real Independence, the Minister of Justice could Not be Trusted to act as he should, and even the Attorney General wasn't really 100% Independent nor fully reliable, (etc). So, it was Just the Press (the Journalist who curiously Died, Shortly Afterwards) that had the Practical Capacity, Independence and Will to Help reveal the Truth to the People.

 

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- But, from the Side of the Legal Defense (i.e. speaking for the respondent State), they were, obviously, Obliged to Strongly Fight Back : It was their Last Chance... Among Many and Various Other Arguments, (more or less unconvincing to "Eurofora"s view), what Singlet out was, particularly, the Reply given as far as it concerned the Possibility to Alert the Attorney General : - Indeed, he would be, in Principle, more Independent than Others, (Comp. Supra), from a fully Hierarchical Subordination, he even had a Legal Duty to act for the General Interest, and, Moreover, he (as a fully-fledged Jurist) would have Certainly taken, at least, the elementary Precaution to Distinguish and CHOOSE, among All those Numerous Data contained in the Papers that the WhistleBlower simply Photo-Copied as such, and Gave to the Press, Only those really Needed in order to Prove the Scandal of those Ordered Killings, while, on the Contrary, Ommitting to make public, i.e. Protecting Any Other Data of Private, Personal or Professional Nature, concerning several Individual Agents of the State, simply Ordered to do this or that, by their Superior (Comp. Supra), as well as any Other Delicate Secret of State, which might, eventually, be Necessary for the National Defense and/or National Security, as well as its Citizens Protection from Terrorism.

+ But, when "Eurofora", shortly Afterwards, discreetly Questioned Both Teams on what they thought about the Real Independence of an Attorney General in such kind of cases, the Reply from the Legal Complaint's side (for the WhistleBlower) Simply was that "it Depends on the National Legislation of Each Country", and that from the Legal Defense (for the respondent State) merely was, in substance : - "But, at least, he is a Magistrate !" I.e., something which, honestly, more or less Deceived us, apparently still Leaving that Question Open to Necessary Debate...

 

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=> What a Surprize, then, when, Shortlty Afterwards, we shaw our Main Interlocutor from the Side of the Winners of this 2018 Contest, i.e. the "Defending" Team, (that of "Jean Monnet" University from Saint-Etienne), a Young Student in Law mysteriously named "Yannis Berthelier" (naturally looks like Franco-Greek, but he Laughed several Times, playing with "No !", when we asked, until a Young Lady who knew him told us that it's rather True..), who Finally Received, Personally, the Greatest Honor, (Officially attributed by the President of the "René Cassin" International Foundation for Human Rights, f. ECHR President, Professor Jean-Paul Costa himself), that of the 2018 Prize "for the Best (Legal) Eloquence"...


The Event (including the Official Distribution of All Other relevant Awards to the recipients : i.e. Winners, Finalists, Team, Participation, etc, including a Weekly Training Invitation at the prestigious French "Conseil d' Etat" in Paris, etc), took place (as it's traditionally used) at the Superbe, Brand New main Room of the "Great East" Region, (Alsace+Lorraine+Champagne+Ardennes), which links, since 2015, Five core European Countries Together, through joint Borders at the historic "Heart" of Europe (France, Germany, Switzerland, Luxembourg and Belgium, timely Facilitating Links between UNO's PanEuropean Headquarters at Geneva, Strasbourg's European Institutions, Luxembourg's EU Court, and Brussels), located Nearby.

 
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+ There, all Participants were warmly Welcomed by the vice-President of that New and Big "Great East" Region, the young Elsa Schalck, Jurist herself, who Linked the European Project with Peace, mainly through Human Rights and Democracy, urged the Young Students in Law to Remember Well what they learned and/or will learn about these Values, when they shall be Called to Use them as Lawyers throughout the Courts, later on, and Concluded with a Balanced Call to Never Forget the Fact that "Human Rights canNot Exist withOut Rule of Law", as she significantly said.

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- Elsa Schalck, speaking afterwards to "Eurofora", indeed, Stressed that, as a Lawyer herself, Based in front of the Historic Franco-German Borders near Strasbourg, she Strongly Believed that the appropriate development of a Human Rights/Rule of Law joint Culture and practice, at EU's and €uroArea's Core, including through Training Young Students in Law, i.e. mostly Future Lawyers, etc., has become, Nowadays, really a "must" for all involved in Europe's foreseable Future.

By the way, the Fact that the Annual International "Rene Cassin" Human Rights Competition traditionally takes place, each Year, on a New, but purely "Imaginary" Case, Faithfully and Accurately immitating ECHR's normal Legal Proceedings, (But, naturally, often, "Inspired" by the Actural Reality in Nowadays Society), did Not Hinder, the Experienced former Long-Time Director-General on Legal and Human Rights issues, Philippe Boillat from Switzerland, while Speaking with "Eurofora" and Top Winner Yannis Berthelier (Comp. Supra), etc. to Sincerely Raise a, obviously Capital Question, which was, indeed, always kept in our mind :


- "But, Curiously, Nobody did Not Raise yet the Issue of the Fate of that Journalist (in this Year's Mock-Case) who was found Dead (Comp. Supra) !"


Both "Eurofora" and Yannis Berthelier, surprized, but inevitably Moved, raised their eyes, thougtfully...


=> After all, as they use to say, in such "René Cassin" International  Human Rights Annual Contests : - "It May Happen, Tomorrow, Really to You !"

 

 

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("DraftNews", as already Send to "Eurofora" Subscribers/Donors earlier. A more accurate, full Final Version, might be published asap).
 


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Benedict's "Source" to revitalize Europe : - "The World needs Hope", Pope says, calling to relaunch E.U. via Human Rights !

Paris - Lourdes - Strasbourg : 12 - 17 September 2008.

The vital need to re-launch Europe can be succesfully met by defending fundamental Human Rights of the People, said Pope Benedict XVI in his 1st speech in France, at his meeting with President Nicolas Sarkozy, who currently chairs the EU.

Sarkozy replied by welcoming Christian and other religions' contribution to indispensable Public Debates on crucial issues which affect Human Dignity, Europe, even Humankind, as BioGenetics.

- "When Europeans will see and personally experience that the inalienable Rights of the Human Person .., those of their free Education, their Family life, their Work, ..their Religious Rights, ..are respected and promoted, then, these Europeans will fully understand the greatness of the European construction and will be actively involved in it", Benedict XVI stressed.

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- "It's important that during France's EU Presidency, there is, indeed, a desire for the Church to contribute to protect Human Person's integrity, and I think that there is also a growing Conscience, beyond any polemics, to defend Human Rights, and, thus, contribute to ensure respect for Human Dignity", added to "EuroFora" the Pope's Spokesman, Vatican's Press Director Federico Lombardi.

- "Nobody really told us here that Lisbon Treaty was good for this or that reason to the People. They only told us that we "had" to ratify it, and tried to scare us, but failed", said 2 Irish pilgrims to "EuroFora", after 2 Majority Abstentions in 1999 and 2004 EU Elections and 3 "NO" to Referenda in France and the Netherlands in 2005, followed by the Irish "No" in 2008, during a Decade of EU Crisis since the controversial Turkey EU- bid (1999-2008).

More than .."224 cases of Murders, Torture, "Disappearancies" or Destructions" by "agents of Turkish Security forces", where all those responsible for so heavy Crimes still remain scandalously unpunished, despite regular condemnations of Ankara by Strasbourg''s European Court of Human Rights from 1996 to 2008, were examined the same week by CoE's Ministers, who decided to launch a fresh call "urging" the Turkish Authorities to end this dangerous "virtual Impunity" of criminals, without comparison to European countries.

- "Why not Ukraine, instead of Turkey ?", asked EuroFora a Journalist from "Kiev : the city where it's enough to cross the streets in order to realize that it's a European town", as Sarkozy recently said, before solemnly declaring this week, together with Ukranian President Jushenko and EU Commission's chair Baroso, EU's "recognition that Ukraine is a fully European Country, linked to Europe by culture and History".

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Europe's "Christian roots" and Values, with "openess and mutual respect" to other cultures and beliefs, were highlighted by Sarkozy in harmony with Benedict XVI.

The Human person should be protected "from his inception until his natural death", added the Pope, faithful to BioEthic principles defended by his predecessor and collaborator, John Paul II, of topical importance in France, Europe and the World today, as Sarkozy announced :

- "Fast and important progres in Genetic Science and procreation raise delicate BioEthical Questions to our Democracies", which "involve our view of Humans and Life, and can lead to Social Mutations. That's why they cannot remain only a business of experts", hestressed.

- "It's Politician's responsibility to set a proper framework for such Public Debates", as "France will do on BioEthics in 2009". "Religious and Philosophic traditions must take part, with their ideas and centuries' long experience : A positive Laicity is an open invitation to Dialogue", he said.

- "France engaged in Europe at another Debate on how to make Financial Capitalism more moral", and the "Social doctrine of the Church fits well what is at stake in modern Globalized Economy"

- "But, a "Real Dialogue is not for an elite of a Globalized world : It penetrates deep into the People : That's why Churches should actively participate : .. It's bringing New Oxygen to Public Debates", stressed Sarkozy.

- "Democracy must not be cut off Reason", which is "compatible with Faith", thanks to "the meeting between Christianism and Greek philosophy ", he added, referring to Pope's views. "It means to advance with logic arguments, search what's best and respect common principles of thinking :... It's an everyday need for Public Administration and the Political Debate", he added.
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Pope Benedict's 1st visit to France looked like the start of a brillant, manifold demonstration that this was well-founded and could become true in the lives of the People : After its Theoretical foundations unfolded at a "speech to the world of Culture", inaugurating Bernadins' cultural centre, and its dogmatic instrument shaped at an address to the Clergy in the Historic Notre Dame' Cathedral, he started to resolutely reach out to the People :

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The move went upwards like Bach's music : Begining with a call to more than fifteen thousand enthousiastic Youngsters gathered at Notre Dame's parvis with overnight celebrations, it gained strength in an impressive open-air Mass at Paris'central Invalides'area facing Alexander III's bridge, attended by more than 150.000 people, French Prime Minister Fillon, many Ministers, Foreign Ambassadors, etc, and culminated in a series of pan-European Mega-meetings at Lourdes 150th anniversary, together with all French Bishops, EU Commission's vice-Chairman Barrot, and some 200.000 enthousiastic People from all over Europe and beyond : After a Sea of Lights astonishingly braved Saturday Night's rain, an open-air mass at riverside fields among Pyrenees' Mountains Sunday Morning, was followed on Monday by a Sea of "Compassion" to those facing Health or Life threats, surrounded by an endless gathering of People, whose gigantic dimensions obviously surprised the organisers..

Meanwhile, Benedict had the occasion to speak to the French Priests at Notre Dame of Paris, and with the Bishops at Lourdes, where they prepare a crucial November plenary meeting, due to take important decisions on imminent EU debates and choices about Europe's identity, BioEthics, etc.
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- "A new way of thinking about Laicity has become necessary", agreed the Pope with President Sarkozy at Elysee. While keeping the "distinction between Politics and Religion, to guarantee Citizens' Liberty", "religion is important for shaping Consciousness and contributing, together with others, to create a basic Ethical Consensus in society".

- "Searching Essential realities", (as "God" for christians), needs "Speech : "Logos" in greek, i.e. Reason", "able to shape a Community","with creative work transforming Human History". But "Dialogue" is instrumental for "Reason", because it's the way to "search" for Truth", in "Liberty", according to Greek Platonic Philosophy, with Socrates' dialectics. "Reason" implies "Spirit and Liberty", hence the polyphonic "Music" of "Dialogue", in a responsible, "well balanced" way, to avoid "destruction".

Starting with a "Dialogue between christians and intellectual or artistic movements" highlighted at Bernardins' Cultural Center. with former Presidents Chirac and Giscard d'Estain, UNESCO's chair Anastassopoulos, etc., as well as representatives of Muslim Communities, (including a separate Turkish), after contacts with Jews at Vatican's Embassy, the Pope turned towards the People :

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To French Priests : "Church built on the rock" !
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- Speaking to thousands of French Priests at Notre Dame's Cathedral, Benedict highlighted a solid "Church built on the Rock" of conscious and active persons, transmitting "a lively, energetic and sharp" "God's Speech, actively working on Human History".

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"Praying together" with "representatives of Christian Churches and ecclesiastic communities", (as Orthodoxes, Armenians, Protestants, etc), he called "to reinforce the Unity of the church", against "any form of Division", around Holy Spirit', "the Word","Christ's Justice", and "Love" to fellow- humans : Essentials which "resume all holy scripts", as he said.

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To Young People : "New Horizons"
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To some 15.000 enthousiastic Young People at Notre Dame's parvis, along Seine's river, Benedict spoke about "the Energy of the Holy Spirit" and "the Mystery of the Cross" : - "The Holy Spirit opens New Horizons to Human Intelligence .. and makes it conscious of the real greatness of Christ's sacrifice, dying and resurecting for World's life".

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Some "may slander you as crazy, laugh at you, or even persecute you. But, "the Holy Cross is a symbol of God's love", and "givesmoral strength" : "Witness of People's pains, it's at the same time, a precious, unique expression of their Hopes", he told them at Paris' dawn.

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Invalides' plateau : "People chosen to become God's friends"
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At the 1st open-air Mass in Paris' center area of Invalides, facing the Grand Palais, along the river Seine, during an impressive gathering of more than 150.000, French Prime Minister Fillon, Ministers Alliot-Marie, Bachelot, Dati, Jouyet, Assembly's President Accoyer, Senate's Chair Poncelet, former 1st Lady Bernadette Chirac, former Prime Minister Raffarin, many foreign Ambassadors, and other political personalities were present. (While earlier, from the Socialist opposition, Paris' Mayor Delanoye, artist Robert Hussein a.o. assisted at the Elysee meeting).

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But the "Entry Song" focused on the "People chosen to become God's Friends". The September 11 mass was Dedicated to "Saint Chrysostomus, that great priest of Constantinople", with his "wonderful eloquence and great courage to face challenges", who "made out of despaired and godless people, a people of brothers", opening a possibility to "become all one complete entity", as Pope Benedict reminded.

- "Reason never enters in real contradiction with Faith", stressed Pope Benedict, who prepared his speeches for France during a short Summer rest at Brixen/Bressanone's Seminar, whose Library honors both "Faith and Science".. - "We must use not only our Reason, but also our Faith" : "Get away from Idolatry", "cupidity", "avidity for money, power or even knowledge deviating from essential aims", and other "falses appearances". and "build your Home on the Rock", "with the force that Holy Spirit gives to those who let it act in them", he said to the People of Paris.

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Benedict at Lourdes : - "Become Light (even) in the Dark !"
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- "Our World needs Hope", stressed Pope Benedict, addressing an impressive TorchLight procession at Lourdes' sanctuaries, where a Sea of Lights held by Hundreds of Thousands of People gathered at Pyrenee's Mountains from all over Europe astonishingly kept their flames despite a heavy Rain at a windy Dark Night...

- "150 years earlier (1858 - 2008), ..here, in the cave, ... a simple young girl, Bernadette .. saw a Light". "The everyday life of her Family was, however, made of Misery, Sadness, Sickness, Misunderstandings, Rejection and Poverty... It was hard to live in Jail". Today, "we think to all Human Beings who suffer : The innocent Victims who face Violence, War, Terrorism, Hunger, Injustices, Catastrophes, Hate and Oppression, Violations of Human Dignity and of their fundamental Rights, of their Liberty to act and think. We also think to those who face Familial problems, sufferings from Unemployment, Sickness, Infirmity, Isolation, or their situation as Immigrants, without forgetting those who suffer and die for the name of Christ", he said.

- "But the Shadows of the Earth, did not hinder Sky's Light to shine : <<The Light shines in the Dark>>" ..."A Way full of Light opens in Human History even in its Darkest moments" : ..."As Night falls, Christ tels us : <<- Keep your Lamps alight !>>."Hold a Light while walking in the Night .. sums up our condition as Christians on their way : "We need light, and we are called to become Light !", Benedict stressed to People setting in motion Lights, Flags and Songs with enthousiasm.

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"<<- She looked at me as a Person, who speaks to another Person>>, the poor girl had noted."Light emerges from such a Dialogue", stressed the Pope : "A small Flame called Hope, Compassion and Tenderness dwells inside those who return after being moved by Lourdes' experience". "Christ .. entrusts us with the Mission to let the Light of Charity shine : To make of our Prayers an Act of Love to our brothers and to Fraternal Charity", he concluded.

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