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archival ethics: the Laine-Legrand case in France



There is hot news in the Laine-Legrand case: the two archivists of the City Archives of Paris, who in 1999 had the guts to reveal the truth rather than abide with the secrecy their superiors (and many of their French colleagues) would have put in the first place. Since then they have been coldshouldered. See http://perso.wanadoo.fr/felina/  PLEASE sign the petition NOW!
 
Since this is all in French, I copy (below) some of the history as it appeared in 1999 on this Archives listserv.
 
Theo Thomassen wrote a beautiful article, putting the Laine-Legrand case in the context of archival professionalism and ethics. His article Archivists between knowledge and power can be downloaded from http://www.archiefschool.nl/bibliotheek/pub.htm#ove 
 
***************
 
On 3 March 1999 Bob Schmidt posted the following on the Archives listserv:
 
 I thought that archivists in the United States  would be interested in a case
 currently going on in Paris and the sanctions that  one of your French
 colleagues is facing.  Included in this message is  the original post as it
 appeared on H-FRANCE, and I have added a  translation of the article in  Liberation.
 
 >I attach below a report in today's Liberation (25  Feb. 1999) about
 >Brigitte Laine and the trouble she is in because  of her testimony at the
 >trial of Jean-Luc Einaudi who is being sued for  libel by the convicted war
 >criminal Maurice Papon.  On 17 October 1961 the  Paris police (Papon was
 >then Prefect) massacred something like 100-200  peaceful Arab protesters.
 >
 >Many historians who have worked at the Archives  de Paris have been helped
 >over the years by Ms. Laine and I know that she  has many friends among the
 >members of the Society for French Historical  Studies.  Perhaps it would be
 >helpful if the Society, at its upcoming meeting,  voted a resolution of
 >support for Ms. Laine and her brave stand in  testifying for Einaudi and
 >against Papon (by revealing what the archives have to say about the
 >affair).
 >
 >
 > For having testified at the beginning of February  in the defamation trial of
 Maurice Papon against the writer Jean-Luc Einaudi  about the events of
 October 17, 1961, Brigitte Laine, curator at the  Archives de Paris, is now
 facing the threat of disciplinary sanctions.
 
 Einaudi had claimed that police repression that  day in 1961 against
 demonstrations by North Africans constituted "a  massacre" perpetrated "by
 police forces under the order of Maurice Papon."  The [former] senior
 official [...] was suing Jean-Luc Einaudi for  libel.  At the time of the
 hearing, Brigitte Laine, curator currently on  secondment to the City of
 Paris, in charge of judicial archives, was  summoned to appear.  She revealed
 that 103 pretrial investigation files (concerning  130 people) had been
 initiated between September and December 1961,  thus contradicting the
 official position of the - much lower - number of  disappeared.
 
 A breach of the duty to confidentiality, according  to the administration,
 "an act of civic duty," according to Jean-Luc  Einaudi, who yesterday held a
 press conference at the Paris headquarters of MRAP  (Movement Against Racism
 and for Friendship Between Peoples).  The threats  of sanction?  "A derisory
 and appalling operation aimed at keeping the lid  on this recovery of
 historical truth," said the historian. [...]  According to him, the threat
 is all the more biased since Brigitte Laine has  not released information
 from the files or from the archives to the Bar. She has only corroborated
 statements of Jean-Luc Einaudi.
 
 The curator, tiny and reserved, detailed the  sanctions that weigh on her:
 "An administrative investigation will be opened.  At worst, a disciplinary
 council and penal proceedings.  But I am  optimistic?  It is the position of
 the City of Paris, on which I depend, that worries  me most.  They are
 threatening to suspend my post.  Why is the City  taking this story to heart?
 October 1961, that's an affair of State!"
 
 > ++++++++++++++++++++++++++
 >Michael D. Sibalis
 >Associate Professor
 >Department of History
 >Wilfrid Laurier University
 >Waterloo, Ontario
 >CANADA    N2L 3C5
 
On 4 Mar 1999 I added:
 
 The French "Brigitte Laine case" deserves the attention of all
 archivists and other keepers of memory institutions. What she did
 was NOT revealing the content of any restricted document, but
 citing from a register kept by the court, a document which under
 French law is open after 30 years. The official positions of the
 French Archives Directorate and the French Association of
 Archivists (who accuse ms. Laine of divulging secret documents)
 seems to be unfair and based upon untrue information.
 The Frennch Association accuses ms. Laine of misconduct, citing
 article 7 of the Code of Ethics of the International Council on
 Archives (" Archivists should respect both access and privacy, and
 act within the boundaries of relevant legislation" ). But article 8 of
 the same code prescribes "Archivists should use the special trust
 given to them in the general interest and avoiud using their position
 to ubfairly benefit themselves or others". Then follows: Archivists
 must refrain from activities which might prejudice their professional
 integrity, objectivity and impartiality.
 My opinion, on the basis of the information I received so far, is that
 this is prima facie not a clear cut case of whistle blowing, since
 Ms. Laine acted within her professional domain and according to
 the law. Had she not told the court about the existence of the files,
 she would have committed a sin in view of article 8.
 
Eric Ketelaar
Professor of Archivistics
University of Amsterdam
Oude Turfmarkt 141
NL 1012 GC Amsterdam
Phone +31 20 525 2013
Fax +31 20 525 2097
email ketelaar@hum.uva.nl
www.hum.uva.nl/bai/home/eketelaar/home.htm