Original subtitles

What are you doing?

Are you statues?

Quick! Kneel!

Hurry!

God damn you!

Tears, protect yourselves.

Painful tears.

Cry, my country,

cry for yourself.

Evil has, unfortunately, come

and the night will fall upon you.

The day that came...

- It is a very good opera. - Prophetic too...

Cry, poor Russia!

Cry, sore people!

You are going to die...

AUGUST 1941

VICHY, government headquarters of Marshal Petain.

Your Excellencies, ladies and gentlemen

please, remain at your seats.

We will hear a message from our Head of State.

People of France, I have something important to tell you.

In various regions...

- George, wake up. - What is it?

...a wind of sickness is blowing,

which has disputed the authority of my government.

The orders are being badly executed.

This disorganization of ideas begets chaos...

as, the cooperation offered

by the Chancellor of the Reich, on October 1940

a very kind act, given the circumstances,

is an important achievement.

I would also like to remind the American Republic

the reasons it should not be afraid

that the French ideal will decay.

Our parliamentary democracy has died.

The troops of the old regime are numerous.

We shall crush them,

along with all the enemies of the new order.

But at this point we have to stop their actions

and decimate their leaders.

No, Pascal. We are at Vichy and there is war.

France is destined to change the regime...

otherwise, we are heading towards the abyss

which nearly devoured Spain in 1936,

only to be saved by the loyalty and sacrifice of its youth.

This is the burial of the third Republic

which committed suicide, right here, only a year ago.

This is the policy of the new Secretary of the Interior.

I have given him full initiative, within my line of policy.

As soon as he became minister, his policy is being implemented.

It's fantastic!

It's not even 24 hours since they proposed his nomination

and already they're implementing his policy.

And yes, it has been decided.

The activity of the party...

Did you know about this speech?

No, the decision was taken in a closed cabinet.

In 1917, I put an end to the riots.

In 1940, I put an end to the debacle.

Now, I intend to save you from yourselves.

We can trust our Minister of the Interior.

Did you know he fought with our army against the Reds?

They are calling for a cabinet of the civil justice and I don't know it.

Why would you?

I am the Minister of...

Civil justice concerns the Minister of the Interior, not you.

Mr. Minister of Justice, you shall be informed

in the next cabinet.

Are you worried, Minister?

Since this phony became Minister of the Interior...

Dad!

Dear friend, come for dinner next time you're in Paris.

It's a fight against our internal political enemies:

the anarchists, the communists...

But soon, the Germans will be in Moscow,

and then, the new order will reign in Europe.

My ancestress, Marie Adelaide Brinon,

who is an Ursuline,

has been a pleader between Leibniz and Bossuet,

to prepare the union of the churches of France and Germany

which was a way for the political approach

of the two countries.

Mr. Minister, what do you think on Head of State's speech?

I think that the Head of State,

is punishing those who wish to undermine the state

and is mainly a warning to the communists,

agents of a political system conceived in the ghettos

and realized in the steppe.

The French will see that the soviet system is useless.

A system which is supposed to be against capitalism

but with its painful methods of imposing the law

turns people into slaves or prisoners if they resist.

Let me have a report on tonight's speech...

and on the Minister of the Interior.

Mr. Admiral!

- Are you returning to Paris tonight? - No, tomorrow.

- Goodnight, Mr. Ambassador. - Goodnight, Mr. Vice President.

- Good morning, Mr. Ambassador. - Good morning, Admiral.

- Are you returning to Paris? - Yes, so long.

Good morning, dear friend.

Dear friend, good morning.

The Emergency Law will soon be published.

I have already spoken with Speedy and Schmidt.

The Minister of the Interior is a "normalien".

What is a "normalien"?

It means that he graduated from the "École Normal Supérieure".

It's a typical French way to rise to power.

The graduates, instead of teaching history or philosophy

often wind up in financial politics.

In a few months, our Minister of Interior

has organized the state apparatus.

There must be a place for France in European Germany.

- You think Europe will become German? - It already has.

Let us march! Let us march!

Let impure blood

water our furrows!

What! Foreign cohorts

would make the law in our homes!

What! These mercenary phalanxes

would strike down our proud warriors!

Would strike down our proud warriors!

The Internationale...

Calm down, comrades.

We are now singing the Marseillaise.

Vile despots would have themselves.

The masters of our destinies!

To arms, citizens...

Form your battalions,

Let's march, let's march!

Disperse!

Disperse!

Bastards!

Watch out, Pierre!

The enemy has been in our country for a year. What do we do?

We hand out leaflets

and organize strikes and demonstrations now and then.

- That is all the party wanted. - It is all the situations allowed for.

We were against the imperialistic war in 1939. Rightly so.

Do not forget that bourgeois democracy betrayed the republic of Spain.

Then we expected USSR to strengthen.

But the Nazis attacked and everything changed.

War against imperialism, became a popular war against fascists.

Strikes and demonstrations are no longer enough. We have to fight.

Have you read Maupassant?

- The story of Father-Milon? - I have.

Who is Father-Milon?

He was an old farmer during the occupation of France by Prussians.

- What was he doing? - Killing Germans with his scythe.

- At the end he... - We will do the same:

Killing the enemy's soldiers.

Using what? Scythes?

Why not? It we can't find anything else.

This is terrorism, and we always condemned that.

At least let us kill only members of the Gestapo.

How will we recognize them? They don't wear uniforms.

There is no option. We target for the uniform.

Without distinction.

Without discussion.

Martine talked to you about proletarian internationalism. You didn't answer.

There are workers among these soldiers, anti-fascists.

They might be in their own countries, as civilians.

But here, they are occupation forces.

Yesterday, they arrested some of our companions.

And we know very well what will happen to them.

There will be anti-fascists in the Firing Squad.

They will kill them, anyway.

Samuel Tyszelman, Jew, 20 years old,

Polish, lives in Paris. Guilty of participation

in the protest against German army.

Arm!

Fire!

Henri Gautherot, communist, 21 years old, not Jew,

Guilty of participation in the protest

and an attack against a member of the German army.

Fire!

- So? - We'll do what Father-Milon did.

- Kill German soldiers. - This is terrorism.

Look.

- This is for women. - That's all we have.

Inaccurate but manageable. It is for point-blank shots in the back.

- In the back? - Horrible!

This is murder.

We might kill workers, antifascists!

- We'll be killing invaders. Period. - Then, let's do it, brothers.

You have to eat a pud to tell if it's good.

- What on earth is this? - This is Engels.

You are a genius.

- I'll gladly kill Nazis. - Who else?

We need to be four.

- I'm in. - So am I.

At the call of Maupassant,

the partisans get up.

Miss, please,

I... photo... Paris...

Day after tomorrow, at 8:00 am, at Barbès station.

I'll show you what we have to do.

You'll be covering me.

You will only intervene if something goes wrong.

Look.

He'll be the one to pay.

Let me speak with the sergeant.

Minister, the General Commissioner is here.

Minister, are you aware of the Germans' reactions?

Hello.

Yes. We just parted with Major Beumelburg.

No, no official reaction.

German administration moves slowly.

I think we should take advantage of it.

Exactly...

Take drastic measures, before Germans react.

My respects, Mr. Minister.

Take it.

- Legrand. - Yes, Mr. Minister?

Call the chief of police and the Secret Service.

I want a reaction on the attack,

and an immediate answer on the murder.

The Admiral, please.

- Will you eat with us? - I'm coming.

- Tea or coffee? - Tea.

Admiral, it's me again.

The German officer is dead.

It seems this was a political act.

Mom is calling.

We need to convene a Cabinet this afternoon.

I will let you know before the Cabinet begins.

Come on.

- Call all the ministers for a Cabinet. - Yes, Minister.

Will you also dine with us?

- Cabinet meeting at 14:00, Minister. - Will everyone attend?

- Yes, sir. - Very well.

- Me too? - It is for everyone.

There is a Cabinet meeting this afternoon, Minister.

You need to be there too.

- At what time? - 14:00 o' clock.

Cabinet meeting at 14:00, Minister.

- At Pavillon Sévigné. - No, small living room at PARC Hotel.

- What? - Excuse me.

- What now? - Sorry, I already told you.

- Who was that? - From the Minister of the Interior.

MINISTRY OF WAR

- Germans will soon invade Moscow. - Beatrice!

- What? - We're leaving.

All right.

One, two... One, two...

- Is your dad gone, dear? - Yes, General.

Goodbye, General.

- Is Jerome gone? - Yes.

- Do you have a good hand, Mrs. Carcopino? - I have a bad hand...

My chicken!

- It's not a common crime. - I have already ruled that out.

- Who did it? - There are three scenarios.

The Gaullists, though I doubt they act this way.

The Jews.

Yesterday, the police in Paris arrested some

but nearly all of them managed to escape.

I'd be surprised If it were the Jews.

A lot of them were arrested during the recent protests.

Third scenario: a communists' attack.

I have here the illegal "L'Humanité".

First page: on August 19, the Germans executed

the Jew communists, Tyszelman and Gautherot.

These martyrs, call for the death of 20 Germans.

This one, was the first.

I gave order for the necessary measures.

The police will conduct ID checks.

Active presence of the police on the streets, not in police stations.

The Police are under your command.

I have given you full responsibility.

Thank you, sir.

Good morning! What do you have there?

I propose we immediately create special courts

statutory by the emergency law.

The Minister of Justice will be responsible for the relevant article.

We need to set an example, to avoid future terroristic massacres.

Some death penalties could put an end to all that.

Who shall we sentence?

We'll start with the imprisoned leaders of communists.

The new law will not be retroactive for imprisoned men

before it is published.

It can be done.

How is that, Mr. Minister of the Interior?

It is an exceptional law,

so it can be retroactive.

Retroactive?

You are asking the Ministry of Justice to take part in such nonsense?

I have been against the retroactivity of laws, ever since my dissertation!

Do not count on me.

But you, yourself have made amendments in laws!

Didn't you do that in order to implement them?

Mr. Vice-President,

these amendments concern major crimes!

I cannot...

The Minister of Interior proposes measures according to the circumstances.

The circumstances, maybe... But not according to justice.

Order, gentlemen. You see, order is essential.

I have faith in the Minister of Interior.

We need to find a compromise with the Minister of Justice.

Major, we have your answer.

The board in Vichy, after long discussions yesterday and today,

took some serious decisions.

Mr. Legrand will read them to you.

The position of the French government on the murder of the German official

is that it was committed by the communists.

It would, thus, be unfair

to hold the citizens of Paris responsible

instead of those involved in terroristic acts.

Therefore, we decided the following:

First: the creation of a special court

as soon as the occupation forces

accept the amendment of the law of August the 20th.

This law imposes a death penalty for the terrorist acts

preceding the attack in Barbès.

All right.

Second: Six imprisoned terrorists, who are communist leaders, will be tried.

Your service indicated those six persons.

All right, ambassador.

Two Parisians were executed

for pushing a soldier in a demonstration.

The Navy believes that the murder of its officer

calls for the death of six French.

They are guilty of terrorist acts.

There is a problem.

The law has not been published yet.

It will have to be retroactive.

Will the occupation forces object to that?

Is there a legal precedent to that?

Of course not, but we can create one.

The government can decide that the law will be retroactive.

- The state... - Thank you, Mr. Legrand, I understood.

Third: Immediate execution of the sentence.

Excuse me...

Mr. Ambassador, what does "Immediate execution of the sentence" mean?

The sentences will be determined in advance?

No, the court will be given special orders.

By whom?

By the Minister of Justice.

- Has he done that before? - No.

But we can decide that he will.

- Four... - They will be executed?

- Guillotine. - In public.

Why in public?

The executions need to set an example.

People need to watch.

We'll do it at Place de la Concorde.

During the revolution, many heads were cut off.

We hope you are satisfied by these measures.

The Minister and I believe

we are saving many citizens from execution.

This would cause internal turmoil.

Turmoil?

Mr. Ambassador, I will pass this document to the Military Commander.

You will have an answer as soon as possible.

Public executions?

We have to oppose.

- Isn't it, Dr. Schmidt; - I agree, General.

We will face problems with the population.

Needless and disgusting,

especially if it takes place in Place de la Concorde.

It would be against the populations and they would be accusing us as well.

Anyway, there is a legal issue.

A law cannot be retroactive.

But we have to let them do it.

It is, after all, a French law

created to help French justice.

What do you think, Major?

Vichy's decision is violating everything.

All French legal notions.

Retrospective legislation entails the end of liberal principle,

"No punishment without a law".

Montesquieu had stipulated

the principle of Separation of Powers.

Thanks to the new Minister, everything is overturned.

Do you know what this Pucheu is after?

Power.

Right now, we can count on him.

But we will judge people irrelevant to the attack.

A problem still remains, General.

The date.

We have to set the execution date.

I propose Thursday, at 8:00 am.

A week after the attack.

FRENCH STATE

COUNCIL PRESIDENCY

Marquis has arrived.

Excuse me.

- Good morning, Marquis. - Good morning, Admiral.

- Brignon has the German answer. - Thank you.

- What do they say? - They approve.

- But no public executions. - This is wrong.

The guillotine has a revolutionary significance.

But these generals are conservative.

We will meet after the Council for lunch.

Goodbye.

Pierre, you are now responsible for passing this law.

Do not take too long.

The situation is crystal clear.

The proactive and loyal attitude of our government

has been appreciated by the occupation forces.

By the Nazis.

Of course, the Minister of Justice will say

that I wish to enact a retrospective law.

But are formalities more important than national integrity?

Retroactive law is just a formula.

It sets no limit in punishing past crimes.

This is amazing. Really, amazing.

You want us to go back to the massacres of September 1792.

You won't find a single judge to apply this law.

Barthelemy, calm down.

We are running out of time.

The Germans want the executions to take place on Thursday, 8:00 am.

And the law has not been published yet.

Then drop the laws.

Go ahead with the executions.

- But leave justice out of it. - Enough!

Mr. Minister of Justice, make a small effort.

How is that possible?

It's under the responsibilities of the Minister of Interior. Let him take over.

Let us move on.

On the bill: Agricultural Union of regional cooperation...

The law must be published today.

You are very pressing.

What do you mean?

What date shall we put on the law?

- During the last 15 days? - 10, and it must be signed now.

It must be published tomorrow in the Official Gazette.

...and of the general conditions of the farmers.

B: The related issue of education

and vocational training of the rural youth.

C: The issue of discipline and professional honor.

D: The prevailing conditions under the current law

or, if needed, control of production, sale or prices

and the entire Agricultural Economy in general.

The provisions of this law shall abolish all previous...

What is this?

- I do not understand. - It's for the law we approved.

What is this gap?

Article 10 will be written by the judges in Paris.

Is it legal to sign it like this?

It is not very normal.

Look, the Marshal has signed it.

OK, then.

- Mr. Legrand. - Mr. Attorney General.

Public Prosecutor. Mr. President.

Gentlemen, I called you on a Saturday because the issue is of great importance.

The Cabinet decided to publish immediately

the law for the crackdown of terroristic acts.

After the attack,

the occupation forced accepted

that we should impose the sentences.

We must put forward six convictions before Thursday.

- Do you have the culprits? - No.

A Special Court must be formed,

and conduct a trial on Wednesday.

But this is in four days! And you don't have the culprits.

And the law is incomplete.

So, you will have to complete the articles

giving authorities to the Special Court.

Let us be clear.

The government wants this law to be retroactive

and it's charging it to us.

But it's against our principles of justice.

It's the only way.

The Minister wants you to redact this addition.

Why us?

You represent the Chancellery and we're running out of time.

In a few words, you are...

We are mobilized.

But we are judges!

So am I, but these are the government's orders.

After all, gentlemen

we are only asking you for a simple redaction.

This redaction is not our jurisdiction.

What do we do?

I really don't know, but...

I refuse to do it.

It is indeed something trivial.

I will do it.

Public offences will have a limitation period

of ten years after their perpetration

even if they have been committed before the publishment of this law.

This way, anyone can be convicted with any sentence.

Mr. Minister.

Night journeys make me hungry.

Why did I come?

I hate the issues of the occupied zone.

Because your presence was absolutely necessary, Mr. Minister.

We only have two days left.

Mr. de Brinon is waiting for you now.

Very well, I'll tell you what I think.

I disagree with the new law.

Pucheu wants to pass,

and I oppose it.

What does Brinon want?

He wants the agreement with the occupation forces to be implemented.

I wonder

is he an Ambassador of France in Germany,

or of Germany in France?

But, he is not wasting any time.

Did you know that he is taking money from the secret funds

and he has renovated his tower in Chassagne?

We have to hurry.

It's Monday,

and the issue is up to you.

I will solve it, but perhaps not the way you expect.

Mr. Minister, I just saw the Admiral.

The position of the government is clear... and firm.

We only need some application details.

Humiliating justice and embarrassing the judiciary, are called details?

You are right.

But if the Special Court does not convict six terrorists,

the Germans will execute 50 hostages. Maybe more.

Really?

And not just anyone...

important persons...

I'll never be able to convince my judges.

You'll give them no option. It will be an order.

Chesnelong said:

"The courage of justice opposes the audacity of evil."

You are right, from a legal and humanitarian standpoint.

But the interest of the nation is above all.

Our relations with the occupation forces,

the position of France in the new European order.

Compared to these, your duty is merely details.

Six death sentences are merely details.

Is it a small number?

Six dead?

Ten thousand people, are been killed every day in the Russian front.

But not a single judge will accept such...

I'll give you some advice:

Choose judges who used to be warriors

and have been decorated in the front.

Tell them they have been mobilized

and sent to the front line.

Even if they have conscience problems, they will obey.

The Minister of Interior wishes to see the Minister of Justice.

Let him in.

Hello, I'm calling from the Ministry of Justice.

- Is your husband there? - No.

I need him urgently.

- Thursday at 8:00. - This Thursday?

- With all his assistants. - All of them?

- I'll send written instructions. - Goodbye, Mr. Secretary.

All his assistants...

There are two military courts in Serbia.

We are not in Serbia!

We are at war and we have the same enemy.

You speak like a soldier.

But I am a civil Minister who respects the law.

And you are right, dear friend.

In addition to executing the terrorists' leaders

we need a National Socialist policy

against the left party.

Mr. Minister... Are you sure that convicting six men

will save the lives of many innocent hostages?

This is certain.

But it is not only a quantitative matter.

It is also a matter of the State's prestige.

They are social dregs, Mr. Minister.

Will you return?

Summon the Senior Officers.

Yes, Mr. Minister.

One hundred hostages!

Germans wanted to execute one hundred hostages at Place de la Concorde.

Including Archbishop of Paris,

Andre Siegfried too.

They would strangle them.

That was a close call, I think...

Yes...

Mr. Minister, your dinner is served.

Thank you.

Gentlemen.

The Minister is waiting for you.

No, I will first have to attend the Memorial for the dead.

Yes, folk groups.

Let me know.

Gentlemen.

I will go with the Head of State in Gascony.

So, let us not waste any time. I'll get straight to the point.

We need six death sentences on Thursday.

The impartiality of justice...

Gentlemen, these are government orders.

Sit down.

I remember Chesnelong said:

"The courage of evil opposes the audacity of law."

- Or was it the other way round? - It was, Mr. Minister.

In a few words, the President says we need to form this Court.

We need someone trustworthy as a president. One of us.

Indeed... it is not easy.

It is August.

Roland is on vacation.

- Daïs too? - Not Daïs!

You are right.

- Dourne! - No, he is too meticulous.

Maybe Cournet...

Yes, President Cournet.

- Is he energetic? - Yes.

He is cognizant of political issues.

Darrat, call President Cournet.

Mr. Cournet.

The Minister is waiting for you.

- Good morning. - Minister.

The Attorney-General.

Mr. President.

Mr. Public Prosecutor...

Gentlemen, thank you.

Could you leave us alone?

No, not you! You are staying.

Sit down.

Please!

Please!

Mr. Cournet,

you are aware of the situation.

You have political awareness.

You have been appointed president to a new Special Court.

May I know the responsibilities of this Special Court?

Listen...

It all started two months ago...

when...

Germany... attacked Russia.

The war entered a decisive phase.

I would say that the war took its true dimensions.

Exactly.

A global conflict

between western civilization and Asian barbarity.

I doubt this is only a matter of geography,

since French communists are neither barbarians, nor Asians.

They are dangerous, exactly because they are French.

The differences between the enemies are social and national.

But... go on, please.

Well, since June 22nd,

the communists have multiplied their acts of sabotage and the attacks.

- And murders. - That is logical.

Before they were bound by the German-Soviet pact,

which allowed Kremlin to gain time.

French communists are stupid.

Their obedience in Moscow created serious problems

to their members.

But now, since June 22nd, Russia and France have the same enemy.

But... you were saying, Minister...

That we need six death sentences.

May I see the law for the Special Court?

Bring me the Official Gazette.

They are late.

They are late.

Judge Cournet is studying the law.

- The law? - Yes.

That is unbelievable!

I am furious!

I am out of here!

The prosecution of terrorist, yes, is a serious matter. We have to do it.

But sentencing people to death,

with a retroactive law, this is abominable!

I am offended that you even considered me for such a position.

It is indeed abominable...

Not only has he refused, he is giving me lessons as well!

I've had it. Come in. Come!

Unbelievable!

Judges, running away!

I have always defended you!

But they need me. You can no longer count on me.

Assume your responsibilities.

Mr. Minister, we could find someone else.

- You have another candidate? - Maybe...

Mr. Benon.

He is the Vice President of the Chamber, but he is reliable.

He will accept.

He was injured at war.

Notify him.

The Minister is waiting for you.

- Minister. - Good morning, Mr. Benon.

- You already know Mr. President. - Hello.

The Attorney-General and the Public Prosecutor.

Leave us alone, please.

Thank you.

Sit down.

Sir, they told me you are a man of values

that has not yet been rewarded,

even though you deserved it.

His wife is niggling.

She always tells him: "Still a counselor, at your age!"

- Now he will be rewarded. - President of the Special Court.

- Isn't he a widower? - She's his third wife.

Mrs. Korsch.

They say he dyes his hair.

And that he wears powder.

- No! - Yes.

I know you are an old warrior.

You were wounded twice, in Marne?

I was at Vosges,

but mostly at Verdun.

Even better.

Well, consider yourself mobilized once more.

We need to stop the Germans once more.

For the murder of one of their officers they want to execute 100 hostages.

We must act in advance,

by immediately executing six saboteurs.

Can I count on you?

You can count on me, Mr. Minister.

I congratulate you.

You are the President of the Special Court.

Congratulations.

Mr. President!

We have a president...

Now we need four judges.

They are waiting outside.

Do they agree?

I did not ask them. I appointed them.

They didn't complain?

I don't want other crazy people.

I took care of it personally.

Very well.

Dear Darrat, you are irreplaceable.

You have to talk to them.

Don't ask for their opinion. Just appeal to their duty towards the state.

Here they are:

A veteran of Verdun, injured, moderate judge.

It's a great promotion for him.

Second one, also an old warrior,

of humble origin, his father was a policeman.

He is a Judge in a juvenile court.

The third one, also injured in war a year before he retired.

He would like to retire as a vice president.

Here is his chance.

The last one, awarded with a Medal of the Military Cross,

an active French nationalist.

We have crimes every day, sabotages...

I am appointing you members of a new Court

which needs to abolish them quickly and forcefully.

From now on,

consider yourselves mobilized.

Mr. Geno interrupted his vacations to be at your disposal.

He will be the Public Prosecutor of the Special Court.

Mr. Geno, the Appeals' Court judge

says you are the best.

- Are you aware of the situation? - I know my role, Mr. Minister.

Thank you.

Sit down.

Read this law.

What?

You have not communicated with Agen yet?

But I have to escort the Prime Minister on Saturday.

Give me his secretary.

On Saturday, I will travel with the Marshal in my region.

Yes, Minister.

Right now he is talking with the Prosecutor.

- How are things there? - Very well.

- Keep me posted. - You can count on that.

Geno, we are no longer masters in our home.

It's a fuss. What do you do?

Well, what do you think?

At least this text is clear.

What do you think about the death penalty?

My father was a judge.

He used to say: "Criminals are only afraid of death".

We will set an example.

You will have two deputies to help you.

But you will be the government spokesman.

I always knew my role.

Perfect. He is perfect.

Good morning, Madame.

- You've left the boss waiting. - The subway was late.

Excuse me, the subway was late...

- Have some coffee if you want. - Thank you.

Well, I have orders.

Ginette, turn the radio down.

There will be six convictions.

Six!

- When? - The day after tomorrow.

We have to sleep there.

Due to the curfew.

- And what do I say to Durand? - We'll meet there at 10:00pm.

We will eat together and then I'll go for the papers.

Six...

- I looked everywhere for you. - I went for coffee.

They are asking for the names of the accused for tomorrow's Special Court.

You haven't decided yet?

We only have prisoners with minor crimes.

The Germans will be surprised

if we sentence to death petty charlatans.

They will suspect we are condemning third class actors.

We could choose from those who have appealed.

You cannot do that.

People already sentenced to 5 years and you want to try then again

and sentence them to death. It's injustice.

- Justice... now... - We have to act according to law.

We should only act differently in case we reach a dead end.

We have reached a dead end.

The trial is about to start and we do not have culprits!

Let us see the records.

I have to get ready for the Court. Settle it.

- What shall we do? - It's up to you.

General Secretary, this is Cavarroc.

Concerning the Special Court... Who will be the defendants?

We have a problem.

I will make a phone call and get back to you.

It's Darrat, Mr. Minister.

Yes, I'm listening.

The Germans will arrest

50 lawyers and 50 judges, as hostages

and hang them at Place de la Concorde.

I have to save as many as I can.

Yes?

Parinaud, help the gentlemen find the records.

I'm listening, General Secretary.

Where do we start?

Let's choose at random.

I am here to help you.

I have an appointment. Settle it.

What is in here?

Anarchists and communists are there, those who have appealed are here,

one year here, more than three years there, over four, five and above, there.

- The Jews? - On the right.

Choose 50 communists and anarchists and 50 Jews.

And bring them in my office.

Yes, Mr. Prosecutor.

...revenues for the Special Court of Paris,

according to the decision of the Ministry of Justice

this decree will be published in the Official Gazette

and will be implemented as a law of the state.

Ministry of Justice, August 25th, 1941.

According to the decision of the Head of State,

we proceed with this Special Court.

Mr. President, Consultants, please take your seats.

You too, Mr. Jazz, welcome to our ranks.

Here are the Jews.

Thank you. You may go now.

Can you come, Mr. Prosecutor?

I made an initial selection.

Have you found anything interesting?

I have selected around 30, but they have minor convictions.

These ones have been sentenced to over 3 years

and here are the others, with smaller sentences.

- Jews? - There are plenty.

Choose six with the more serious crimes. Four communists and two Jews.

Here.

A communist Jew.

These are only five.

We can add...

this one.

No, I'm sorry. Better this one.

That was it.

Now choose another six with smaller convictions.

Half communists, half Jews.

- Twelve are enough for today. - Yes, certainly.

- Have you notified the prosecutors? - Yes, they are waiting.

I think this may be dangerous.

Dangerous?

- You really think so? - Why dangerous?

What could be dangerous in applying a law of the government?

- Let us make a hypothesis. - On what?

I'll make one.

It might be irrational, but listen.

Let's say the Germans are sinking in the snow in Russia.

And that USA ally with England.

These are fads.

And why would this concern us?

Who will govern us if the Germans lose?

The friends and companions

of those we will sentence to death tomorrow.

So this is what seems dangerous?

Among others...

It is indeed dangerous.

Even if you are right, France will still exist.

Our country, our institutions remain

regardless who is governing.

Mr. General Secretary, Guenot.

Do not worry.

There is nothing dangerous about it.

He is trying to get a place in the Supreme Court.

Tomorrow, gentlemen.

Deputy Prosecutor, Guillot.

Here are their files.

These two are minor, but these three are very serious.

Sampaix, I know him.

- He is a journalist. - Yes.

This is very difficult.

But we need six, to save one hundred.

I just gave three to Guenot.

The rest is up to you.

Tetaut is young and inexperienced.

We are all mobilized, Guillot.

I know, sir.

Brecher, come out.

Bastard.

Woog.

Point.

Trzebrucki.

- What's the matter? - Come!

Friedman.

Laithier, out.

Sampaix, out.

Guyot.

What do they want?

Today you are free to talk to one another.

The list.

Jefe, what's the matter?

I don't know, they asked for you.

And where are we going?

I know you've been surprised that I called for you so suddenly,

and I am sorry.

The government has formed a Special Court.

The Court will be in session this morning.

It will try the cases

of terrorists and saboteurs.

All of them, are facing the death penalty.

The Court will judge

according to a new retroactive law.

- Retroactive? - Incredible!

The President asked me to appoint advocates.

This trial is a mockery! Why do you need advocates?

After long consideration, I thought:

We might do something useful.

Those poor people will, at least, have some help.

It is a hard mission, I know.

I'm expecting your decision in half an hour.

We are taking you to court.

- But I've been tried. - Now we'll see.

I have already been tried!

Be quiet!

What does that mean?

Six convictions to murder?

This is crazy! There is nothing in here!

Look at this law we have to apply.

Articles 8, 9, 10.

It's disgusting.

It is retroactive.

I did not know.

What does that mean?

What are you saying?

It is horrible. But we need convictions.

Otherwise, they will take hostages. Even judges...

- Nobody told me! It is a trap. - Linnet.

I will not be part of that.

The situation is serious.

For me, this law does not exist.

I only recognize the 1939 decree

which provides for a maximum sentence of 5 years.

I judge according to this law.

I will judge according to the facts and my consciousness.

Of course, Linnet, come, calm down.

Gentlemen, the Court.

- Why are they wearing red? - I don't know.

Silence!

Guard, bring in the accused.

Redondeau, Leon.

Name, age and profession.

Redondeau, Leon,

Head of road maintenance crew in Malakoff, 48 years old.

Mr. President...

Taking into consideration the nature of the case,

I propose an in camera trial.

- What? - Formal issue.

What is the opinion of the defense?

No, Mr. President.

The Court, after discussion

and taking into consideration that the disclosure of these opinions

can disturb public order,

decided that this will be an in camera trial.

Please evacuate the room.

Redondeau, on July 21st 1941,

you insulted police officers

during their duty

calling them idiots.

- Do you deny that? - No, Mr. President.

Furthermore, you had in your possession

subversive pamphlets.

Yes, Mr. President. Anti-Nazi pamphlets.

You know the facts, very well.

Attorney-General?

According to the law of August 14th, 1941

this is a serious violation.

I ask for ten years hard labor.

- They are crazy! - Shut up! It's OK this way.

The defense.

Mr. President...

Octave Lamand.

- Lamand. - Here.

I'm your lawyer.

Sit down.

I have a few questions.

- You are Octave Lamand? - Yes.

- Age? - 45 years old.

- Profession? - Glazier.

Therefore,

I ask for the Court's indulgence.

The Court recesses to confer.

Is this a joke?

Ten years hard labor for insulting the cops?

- You should be thankful. - Thankful?

- But... - There are death sentences.

Shit.

Gentlemen, the Court.

According to Article 224, 365 of the Criminal Procedure

and to the law of August 14th, 1941...

- Ten months. - Years.

Ten years.

- How much? - Ten years.

Ten?

- Next. - Lamand, Octave!

Bring the accused in.

- Bernard Friedman. - Friedman.

Good morning, I'm your advocate.

Sit down.

- My advocate? - I was appointed by the court.

- Have you notified our families? - No.

It is an in camera trial.

In camera.

Fifteen.

Next case, bring the accused in.

Friedmann, Bernard, 50 years old, hatter.

Pole, naturalized citizen of France.

You have been arrested for posting

a communist propaganda poster

and for having a fake ration card.

Attorney-General?

Mr. President,

according to Daladier law

of September 26th, 1939, I ask for one year imprisonment.

The defense.

Mr. President, we accept the proposal of the Attorney-General.

Your turn, Lafarge.

Trzebrucki, what kind of a catholic are you, defending Jews?

I will become anti-Semite after the war.

Listen to this.

I defended a Jew who was posting communist' posters.

The Attorney asked for one year and the court gave him ten.

Ten years!

How do you pronounce your name?

Not easy.

Guards, bring the accused in.

We're having lunch after this one.

- Why are they wearing red? - It's an important court.

- Is this good or bad for me? - Sit down.

Who are these people, Mr. President?

Mr. President, you said it would be in camera.

I can see that it isn't.

I demand the respect of the law.

You demand nothing, and lower your voice.

I'm afraid you've already reached a verdict.

But this is not justice.

Recall what you just said, or...

Or?

Or?

Abraham "Tebrouki".

Stand up.

- Is this your name? - Trzebrucki, Mr. President.

Since you like your name why did you change it,

living here for 20 years with forged documents?

They were authentic, Mr. President.

Authentic?

Your real name is Adolph "Pifofski".

No, Mr. President, it is Abraham Trzebrucki.

I had a forged ID

and the police gave me a regular one.

Yet, your brother is called Adolph "Pifofski".

But even if he's called Abraham, his deportation order is still valid.

You are also accused for corrupting

a civil servant.

Why did you buy forged papers?

Abraham or Adolph or whatever?

To stay in France, of course.

With your permission, Mr. President, the thing is quite simple,

in spite of the imaginative details...

tragicomic even...

Trzebrucki.

Abraham left Poland. He worked in the mines of Belgium.

He wanted to live with his sister, who was married in France.

France has always been a country giving asylum.

A nation open to the deprived.

Thus, as a Christian nation...

To the facts.

He crossed the border illegally.

He was arrested, deported and then he returned.

He had better luck, arrived in Paris and found a job.

In order to work here, you need papers.

If you work without papers

you get less money. That's all.

So Abraham was legalized here

as Adolph Piwolski.

This is a euphemism.

You call an illegal settlement, legalization?

The truth is different.

If the accused wanted his papers to be legal

it was because he wanted to go on unpunished

as a dangerous agent of the Communist International.

I have all the evidence here.

This document was found in the house of the accused.

It is a copy of his CV, he wrote himself,

for the Soviet Consulate in Paris.

What is its date?

- What difference does it make? - It is vital.

It is dated November 1940.

Back then there was a Soviet Consulate in Paris.

And a Soviet Ambassador in Vichy.

- Germany had a pact with Russia. - Let's stick to the facts.

I'm getting there.

The Russians occupy Abraham's country, Poland, in 1939.

Germany and Russia divide the country.

The issue of documents, is thus up to the Soviet Consulate.

Then everything changed.

We cannot accuse him because alliances changed.

Don't start your final statement yet. You'll have plenty of time.

So, after you bought the documents of Pifolski,

you managed to live here for 15 years, under a false name.

Yes, and at the end, I managed to get married.

And you got married with forged papers and false witnesses. Naturally.

The witnesses were real, Mr. President.

I opened up a millinery.

And while you were living your life with your family and your millinery

you still had time for illegal activities.

I don't understand.

We found in your house aid coupons for a subversive group

dependent on the Third International.

But the money were a token of solidarity to help the Jews.

The money were for the Communist International in France,

the most dangerous underground group.

The Attorney-Gereral.

For this case, I ask for a death penalty.

This person has already been judged.

He has been sentenced to five years.

And today, we are asking for a death penalty

with a law written after his trial.

This is a judiciary scandal.

The issue is not strictly legal.

There are political reasons, dictating this decision.

On one side, we have the hostages we can save

lawyers and famous personalities.

On the other side, we have a stateless person,

anonymous, a mediocrity.

He is a recidivist.

He is a mess.

Let's vote.

Death.

Death.

I disagree.

Death.

Four to one. I'd prefer a unanimous decision.

Join us, Linnet.

Even so.

After the verdict,

we'll have a lunch break.

Save the food for later. I'm in a hurry.

Is this Special Court so serious?

It's no longer one death sentence...

They have decided in advance a total of six.

To be executed in 48 hours.

I'm going to Vichy to ask for a pardon.

You may take the car.

I'm calling immediately to get you a pass.

What is going on?

I defended a poor guy

who was sentenced to death for a misdemeanor.

I will obtain a pardon.

The Marshal would not allow it, if he knew.

- Where is Madame? - In the dining room.

- Are you there? - The food is ready.

So, how was the first day?

Mr. President of the Special Court...

Tiresome day, my love.

Very tiresome...

I kept thinking of Verden all morning.

When I was behind the revetment

and I had to fight.

Was it interesting? Agreeable?

Delicate...

A real State affair.

Tell me all about it.

Lucien,

The Jew is not here.

They isolate those sentenced to death, don't they?

14:20, time to go. Come.

Quickly.

Did you have a nice lunch?

Did you have a nice lunch?

- You're already here? - I was ordered to.

It's too early. Don't stay here.

- Come back at 17:30. - All of us?

- Six will be executed? - But of course.

You confessed being responsible for the communist' propaganda

head of the Paris section.

I confessed nothing, Mr. President.

I do not understand.

You have tried me 9 days ago.

There is a witness in this room. The judge who tried me.

- Second on your left. - Stick to the facts!

- We found lists in your house. - You found nothing!

I am a communist, faithful to my party and to my country.

- I do not believe that France... - Shut up and sit down!

Sit down.

But that judge was in my trial.

- Why don't you have an advocate? - I don't know.

I will defend myself.

- Do you need a postponement? - I'd rather do it today.

You and your wife are accused for subversive propaganda.

According to the police report.

We found proclamation paper in your house.

Proclamation?

- It was just white paper! - We also found three proclamations.

You can find them in all letter boxes.

- And this? - This is normal.

I was a section secretary before the war.

I renounced my ideas.

I ask for the maximum sentence.

Five years imprisonment.

15 months imprisonment.

Mr. Attorney General.

In this case, just as in the previous one,

I can only ask for a death sentence.

That's impossible.

The defense.

This man is an idealist.

He is of course wrong in his beliefs,

but he believes in the evolution of society.

He is loyal, primitive no doubt...

but naive...

Nonsense!

Naive, loyal, idealist!

You are defending an enemy of order!

- What do you think? - Death sentence.

The attitude of this man, has touched me...

I sensed human quality.

- I can't sentence him to death. - Neither can I.

The Court, after discussion,

finds Andre Brecher, guilty:

First: for engaging in activities

which promote, directly or indirectly,

the Third International...

Secondly...

Many exiles...

Whenever I went to see Pauline.

...according to the law of August 14th, 1941,

Brecher is sentenced to death,

He is also sentenced to a fine of 5,447.21 francs,

plus 62 francs, expenses.

He will be led to the guillotine in Santé Prison.

Next case.

Bastard, Emile!

Our turn.

With my past,

I'm in deep trouble.

You have many convictions.

I did a lot of stupid things...

but I enjoyed it... and no one can take that away from me.

- Bring the accused in. - Let's go.

The cap.

Do not speak too much about your unfortunate youth.

Or your past, in general.

Emile!

Emile!

What?

Thief!

Thief!

You were sentenced to three months with parole...

but it didn't stop you.

Nice car.

Let's have a ride.

- Shall we? - What are you saying? Wait!

One year imprisonment.

Your first time in jail.

But you relapsed again...

Two years for pimping.

No, no! I do not agree.

A policeman set me up.

- He liked Rita... - Shut up!

It talks about pimping here.

You served two years.

You are stubborn.

You kept coming to Paris, despite the prohibition.

Because of Pauline.

You cannot.

You'll see.

I'll find you in Paris.

You cannot. You are not allowed there.

- You'll see. - We'll see.

You have been arrested and convicted... six times.

She worked in Paris...

She could not leave... I had to come.

- What? - Nothing.

A total of 8 convictions...

And most important... you were arrested at your house

for illegal printing and therefore distribution of subversive leaflets.

Mr. President, his last arrest and conviction

was over 10 years ago.

Meanwhile, the accused married Pauline

and worked as an installer of heat devices.

As for the leaflets...

the police found a typewriter...

You can tell us all these in your final statement, later on,

but the facts are clear.

Mr. Attorney General.

As in the previous cases

I ask for a death sentence.

It is still too early.

We prefer to wait here. Sitting outside is driving us crazy.

Mr. Deputy Prosecutor, you will replace Guenot.

Sampaix is a journalist.

I cannot impose a death penalty just for a man's ideas!

Guillot, do not back out now.

There is no other solution.

We've already discussed it.

We have no other solution.

I'm finished. You have your three convictions.

This last one is up to them.

It won't be a problem.

He was a pimp.

The pimp of a woman named Pauline.

Do not tell me that this pimp is also an idealist.

He is a pig.

This Bastard is a hypocrite, a loser,

but I am against capital punishment for political crimes.

Who is in favor?

Yes.

Four in favor.

We're half way there...

but we still have three important cases.

You had an important post in L'Humanité, Mr. Sampaix.

I was the chief executive of the newspaper.

You were arrested, you escaped

and repeated your activities against national reconstruction.

Will you stop this?

You represent a foreign occupation force which has enslaved our country.

I refuse to apologize to a court of slaves.

This man who organized this trial...

Pucheu, the new Minister of Interior...

Give him my head as he demands.

But be careful!

You, who -as you say, are going to judge me...

Nazi Germany will be defeated

and one day, the French people will be the judge!

Mr. Attorney Gereral.

Go on then...

I ask for a death sentence.

Of course you do.

The defense.

- Mr. President... - Lawyer...

There's no need. The death sentences have already been decided.

Don't waste your talent.

Let them deal with their consciousness.

The court will now convene.

There is no doubt.

- He is dangerous. - He is a very well know journalist.

He has influence over people.

His conviction could cause serious problems.

If you are worried about public order, he must not die.

The general interest, the whole situation,

everything is against convicting Sampaix.

But he is very dangerous...

He is guiltier! He dragged the other three!

If you condemn him, I'm leaving the Court.

- You cannot do that! We are soldiers. - No! We are judges!

Enough, Benon.

All right.

Let's vote.

- I vote against. - So do I. Without hesitation.

I vote for.

Cottet?

It's hard, but no. I mean, I will not abandon you. I vote for.

I knew that you are not a deserter.

He was certainly the most important among the defendants...

And probably the most dangerous, I agree.

But won't he be more dangerous dead?

I vote against his death sentence.

Three against.

Benon, enough convictions for today.

They did not dare to sentence me to death.

Life in hard labor, is like an acquittal.

They won't dare with you, either.

It is a hoax.

You have to save the three who were condemned.

Ask for a pardon.

- People will react. - Don't talk like that!

This concerns you too! A lot!

You are French!

They have assigned you with the dirty job and you're accepting it!

The court is adjourned.

- Lucien, what did you get? - Life.

They suspended the hearing.

- The trial is over. - But this is a victory.

- The trials have stopped. - Great!

Don't talk!

Lucien, if something happens to me, take care of my wife.

She is a good comrade.

You'll take care of her. You will all get pardons. It's certain now.

You may enter now.

Thank you.

- There are only three? - Yes.

Why did they ask me to call all the assistants?

We will be too many tomorrow!

Too many...

After I've signed it, it is no longer my problem.

It is the responsibility of the chancellery.

And if you refuse to sign?

If we find a loophole in the law?

Think of the future

and of justice.

Justice acts within the law.

And the future will confirmed that it has applied the law.

Rigidly perhaps, but legally.

Is there a time limit for the executions?

Article 7: The decisions of the Special Court

are final and irrevocable by the Court of Cassation,

and are executed immediately.

Immediately?

They will be executed tomorrow at dawn.

Executed?

The Head of State, of course,

can exercise his right and give a pardon.

Who needs to learn the infamy committed in his name.

Your colleague Lafarge is going to Vichy, right?

He will notify the Head of State,

in case he has forgotten the measures

he himself announced on Saturday, in the Cabinet.

In order to honor the Head of State

the better way

is to start with the text of the great poet Paul Claudel,

"Ode to Marshal".

Mr. Marshal,

"There is a duty to the dead, which is to resurrect them."

The Minister of Interior will decide.

But it is now and today that we are needed

and that there still is something to be done.

French, listen!

Minister, excuse me...

An advocate, friend of mine, came to ask for a pardon.

A pardon?

There is no such a case.

Listen and say:

"Haven't you had enough of politics?"

There is no point to see the Marshal, since the Minister refused.

The Marshal is a Jew.

Come stand by my side!

...countless armies,

come and share with me...

- Can I see the Marshal? - No.

An advocate wants to ask for a pardon.

See the Minister of Justice.

The Minister of Justice...

Where is he?

A clarion is not enough to resurrect the dead!

It is our present obligation

and the heartbreaking thought that it must be done.

We do not have to live because we are noble,

But because we are necessary!

When you are needed it is absurd to die.

Look up and see the sky.

Something immense:

It is our flag

something eternally in heaven

which only represents power.

It is something

that is stronger than the night,

and that is the dawn!

This will work.

The Germans wanted six dead.

Instead of the 3 "survivors" 3 members of the Gaullist resistance.

The 3 "survivors", along with other convicts

were either shot or died in exile.

The Special Courts operated throughout the duration of occupation.

After the liberation no serious sanctions

were imposed on any of their judges.

Always the National interest...

Subtitles: hobsbaum for KG, July 2015.