The Case of Edith Cavell | Page 6

Belgian civilians were punished for the violations of law which had never been proclaimed and of which, therefore, they knew nothing, the distinguished President of the Order of Advocates says:
"This absence of certainty is not only the negation of all the principles of law; it weighs on the mind and on the conscience; it bewilders one, it seems to be a permanent menace for all, and the danger is all the more real, because these courts permit neither public nor defensive procedure, nor do they permit the accused to receive any communication regarding his case, nor is any right of defense assured him.
"This is arbitrary injustice; the Judge left to himself, that is, to his impressions, his prejudices, and his surroundings. This is abandoning the accused in his distress, to grapple alone with his all-powerful adversary.
"This justice uncontrolled, and consequently without guarantee, constitutes for us the most dangerous and oppressive of illegalities. We cannot conceive justice as a judicial or moral possibility without free defense.
"Free defense, that is, light thrown on all the elements of the suit; public sentiment being heard in the bosom of the judgment hall, the right to say everything in the most respectful manner, and also the courage to dare everything, these must be put at the service of the unfortunate one, of justice and law.
"It is one of the greatest conquests of our history. It is the keystone of our individual liberty.
"What are your sources of information?
"Besides the judges, the men of the Secret Service and the denouncers (in French: 'd��lateurs').
"The Secret Service men in civilian clothes, not bearing any insignia, mixing with the crowds in the street, in the caf��s, on the platforms of street cars, listen to the conversations carried on around them, ready to grasp any secret, on the watch not only for acts but for intentions.
"These denouncers of our nation are ever multiplying. What confidence can be placed in their declarations, inspired by hate, spite, or low cupidity? Such assistants can bring to the cause of justice no useful collaboration.
"If we add to this total absence of control and of defense, these preventive arrests, the long detentions, the searches in the private domiciles, we shall have an almost complete idea of the moral tortures to which our aspirations, our convictions, and our liberties are subjected at the present time. * * *
"Will it be said that we are living under martial law: that we are submitting to the hard necessities of war: that all should give way before the superior interests of your armies?
"I can understand martial law for armies in the field. It is the immediate reply to an aggression against the troops, repression without words, the summary justice of the commander of the army responsible for his soldiers.
"But our armies are far away; we are no longer in the zone of military operations. Nothing here menaces your troops, the inhabitants are calm.
"The people have taken up work again. You have bidden them do it. Each one devotes himself, Magistrates, Judges, officials of the provinces and cities, the clergy, all are at their post, united in one outburst of national interest and brotherhood.
"However, this calm does not mean that they have forgotten.
"The Belgian people lived happily in their corner of the earth, confident in their dream of independence. They saw this dream dispelled, they saw their country ruined and devastated, its ancient hospitable soil has been sown with thousands of tombs where our own sleep; the war has made tears flow which no hand can dry. No, the murdered soul of Belgium will never forget.
"But this nation has a profound respect for its duty. It will always respect it.
"Has not the hour come to consider as closed the period of invasion and to substitute for the measures of exception the rules of occupation as defined by international law and the treaty of The Hague, which sets a limit to the occupying power and imposes obligations on the country occupied?
"Has not the hour arrived to restore the Court House to the judiciary corps? The military occupation of the Court House is a violation of the treaty of The Hague.
"Among the moral forces does one exist that is superior to justice? Justice dominates them all. As ancient as humanity itself, eternal as the need of man and nations to be and to feel protected, it is the basis of all civilization. The arts and sciences are its tributaries. Religious creeds live and prosper in its shadow. Is it not a religion in itself?
"Belgium raised a magnificent temple to Justice in its capital.
"This temple, which is our pride, has been converted into barracks for the German soldiers. A small part of it, becoming smaller every day, is reserved for the courts. The Magistrates and lawyers have access to it by a small private