Waited until Ardy VRENEZY was seen allotted an assumption of responsibility of placement to the Institute of education Motrice “the JONQUILS” of FREYMING - MERLEBACH on 18-05-2009 for the period of the 18-05-2009 to 31-08-2011.

Waited until this decision at summer taken by the Commission of the Rights and the Autonomy of the People Handicapped (CDAPH) on recommendation of the multi-field team of the Département house of the People Handicapped (MDPH) of the Moselle in dialog with the medical team looking after this teenager.

Waited until this independent administrative commission is established by the law of February 11th, 2005, and that under this law, you did not call into question this decision within the framework of the control of legality as defined by article 72 of the French constitution in its last subparagraph.

 Waited until you do not have the authority of revocation of this decision, but that only the Court of the Dispute of the Incapacity has which it, with the title of the law N° 2005-102 of February 11th, 2005, and that you did not seize it.

Waited until the therapeutic protocol of reference is that established by the multi-field team according to Ardy VRENEZY with the IEM “the JONQUILS”, dealt with therapeutic confirmed by the CDAPH.

Waited until the various parts established so much by the Director of the pharmaceutical department of the ministry for the health of the sovereign state of the KOSOVO, by the director of the center of rehabilitation HANDIKOS of MALISHEVË, by the Doctors A. GËRGURI, NR. ZEKA and WALLED ZEJNULLAHU (directing) pediatric service of the university hospital of PRISHTINË, translated into French by a legal translator approved near the court of justice of PRISHTINË (in accordance with the French right) cannot be called into question; because confirmed in integrality by the report/ratio of mission of information to the KOSOVO, that you ordered have-you-even.

 Waited until you attest, in your handwritten official statement of May 22nd, 2010 that Ardy VRENEZY was expelled with 2 months of treatment medical, whereas the report/ratio of the mission of information clearly established the lack of drugs dated May 10th, 2010.

Waited until you ALSO stipulate there that the whole of the family was in irregular situation starting from October 15th, whereas Ardy VRENEZY was regularly and legally hospitalized with the IEM “the JONQUILS” on decision of the independent administrative commission which is the CDAPH ;

Waited until you stipulate there that Ardy can follow there the whole as of its treatments and care such as defined in the protocol of care established by the decision of the CDAPH. To know, integration in semi weekly boarding school of structure IEM, and not in care ambulatory. This type of assumption of responsibility involves a manifest rupture of the protocol of care established by the French medical team according to Ardy VRENEZY and ratified by the CDAPH. In the same way , in the information paper, it is specified there, by the doctors of the service neurology of PRISHTINË, and in particular Dr. Nexhat SHATRI, stipulate clearly THAT IT ARE NOT ABLE TO ENSURE the CARE the RETURN HAS RESIDENCE Of ARDY, AND THAT ENGAGES, In the short run, ITS PROGNOSTIC VITAL;

The whole of your assertions in this press release of May 22nd, 2010 thus concern the establishment and the use of forgery in public writing by agent the public office, agent of the public authority, and this within the framework of its function, facts repressed by the article L 441-1 and following of the Penal code.

Beyond the form of interpretation which seems to us tendentious in the interpretation of the situation of long-term assumption of responsibility of Ardy VRENEZY with the KOSOVO, we note an important sum of remarks disgrétionnaires, fallacious and directed members of the mission of information. Were they fully informed of the medical situation of Ardy VRENEZY before their departure? Why weren't they put in relation to the medical team of Ardy before their displacement? That henceforth raises the question of legitimacy, plurality, and the independence of the members of this mission of information with respect to your services!

Waited until you made represent Ardy VRENEZY, by his/her parents in the procedure of expulsion, whereas themselves were blamed in this same procedure.

Waited, until in right, a person blamed cannot represent another blamed in this same procedure.

Waited until Ardy VRENEZY is recognized like anybody in situation of heavy handicap, and thus nobody in situation of great weakness, in the incapacity to apprehend and ensure the defense of its rights.

You were to seize the president of the Court of Bankruptcy, so that this last pronounces and orders a procedure of safeguard of justice, in order to name a capable legal manager to ensure the defense of the interests of Ardy VRENEZY.

within sight of the preamble to 1948 of the French constitution, in its articles:

10. The Nation ensures the individual and the family the requirements with their development.

11. She guarantees to all, in particular to the child, with the mother and the old workers, the protection of health, material safety, the rest and the leisures. Any human being which, because of its age, of its physical status or mental, of the economic situation, is in the incapacity to work has the right to obtain community of the suitable means of existence.

Within sight of the INTERNATIONAL CONVENTION OF the RIGHTS OF the CHILD in his articles:

Article 1
Within the meaning of present convention, a child gets along of any old human being of less than eighteen years, except if the majority is reached earlier, under the terms of the legislation which is applicable for him.

Article 2
1. The States left begin to respect the rights which are stated in present Convention and to guarantee them to any concerning child their jurisdiction, without distinction no, independently of any consideration of race, color, sex, language, religion, political opinion or other of the child or his parents or legal representatives, of their national origin, ethnic or social, of their any other situation or their birth, their incapacity, financial circumstances.
2. The States left take all the appropriate measures so that the child is actually protected from all forms of discrimination or from sanction moved by the legal situation, the declared activities, opinions or the convictions of his parents, his legal representatives or the members of his family.

Article 3
1. In all the decisions which concern the children, who they of the private public institutions or of social protection, the courts, the administrative authorities or the legislative bodies, superior interest of the child is the fact must be a paramount consideration.
2. The States left begin to ensure the child protection and the care necessary to its wellbeing, taking into account the rights and of the duties of his/her parents, its tutors or other people legally responsible for him, and they take for this purpose all the legislative measures and administrative suitable.
3. The States left take care that the work of the institutions, services and establishments which have the load of the children and ensure their protection is in conformity with the standards set by the competent authorities, particularly in the field of safety and the health and with regard to the number and competence of their personnel as well as the existence of a suitable control.

Article 6
1. The States left recognize that any child has a right inherent in the life.
2. The States left ensure in all possible measurement the survival and the development of the child.

Article 23
1. The States left recognize that the mentally or physically handicapped children must carry out a full and decent life, under conditions which guarantee their dignity, support their autonomy and facilitate their active participation with the life of the community.
2. The States left recognize the right of the handicapped children to profit from special care and encourage and ensure, in the measurement of the available resources, the granting, on request, the handicapped children filling the requirements and those which have the load of it, of a help adapted to the state of the child and the situation of his parents or those to which it is entrusted.
3. Have regard to the particular needs for the handicapped children, the help provided in accordance with paragraph 2 is free each time it is possible, taking into account the financial resources their parents or those to which it child is entrusted, and it is conceived so that the handicapped children have indeed access to education, training, the health care, rehabilitation, the preparation with employment and the entertaining activities, and profit from these services in a way suitable to ensure an social integration as complete as possible and their personal blooming, including in the cultural and spiritual field.
4. In a spirit of international cooperation, the States left support the information exchange relevant in the field of the preventive health care and the medical care, psychological and functional of the handicapped children, including by the diffusion of information concerning the methods of rehabilitation and the services of professional training, as well as the access to these data, in order to allow the States started from improve their capacities and their competences and to widen their experiment in these fields. In this respect, it is taken particularly account of the needs for the developing countries.

Article 24
1. The States left recognize the right of the child to enjoy the best possible health condition and to profit from medical departments and rehabilitation. They endeavor to guarantee that no newborn is private right to have access to these services.
2. The States left endeavor to ensure the integral realization of the above-mentioned right and, in particular, take appropriate measures for:
a) To reduce mortality among the infants and the children;
b) To ensure all the children medical help and the health care necessary, the accent being put on the development of the primary education health care;
c) To fight against the disease and malnutrition, including within the framework of the primary education health care, thanks in particular to the use of techniques easily available and the supply of nutritive food and drinking water, taking into account the dangers and of the position risks of the natural environment;
d) To ensure the mothers of the suitable care prénatals and postnatals;
E) To make so that all the groups of the company, in particular the parents and the children, receive information on the health and the nutrition of the child, the advantages of breast feeding to the center, the hygiene and the healthiness of the environment and the prevention of the accidents, and profit from a help allowing them to make profitable this information;
F) To develop the preventive health care, the councils with the parents and education and the services as regards family planning.
3. The States left take all the suitable effective measures in order to abolish the traditional practices prejudicial with the health of the children.
4. The States left begin to support and encourage the international cooperation in order to gradually ensure the full realization of the right recognized in this article. In this respect, it is taken particularly account of the needs for the developing countries.

Article 37
The States left take care that:
a) No newborn is subjected to torture nor to sorrows or treatments cruel, inhuman or degrading: neither the capital punishment nor the imprisonment with life without possibility of release must be marked for the infringements made by elderly of less than 18 years;

Within sight of Relative convention with the rights of the handicapped people and her optional protocol in its articles:

Article 3
General principles

The principles of this Convention are:

a) The respect of intrinsic dignity, individual autonomy, including freedom to make its own choices, and of the independence of the people;

b) The non-discrimination;

c) the full and effective participation and integration at the company;

d) The respect of the difference and acceptance of the people handicapped like belonging to human diversity and humanity;

E) Equal opportunity;

F) Accessibility;

G) The equality enters the men and the women;

H) The respect of the development of the capacities of the handicapped child and the respect of the right of the handicapped children to preserve their identity.

Article 5
Equality and non-discrimination

1. The States Parties recognize that all the people are equal in front of the law and under the terms of this one and have right without discrimination to equal protection and the equal benefit of the law.

2. The States Parties prohibit all the discriminations based on the handicap and guarantee to the handicapped people equal and effective legal protection against any discrimination, whatever is the base.

3. In order to promote the equality and to eliminate discrimination, the States Parties take all the appropriate measures to make so that reasonable alterations are made.

4. The specific measures which are necessary to accelerate or ensure the equality de facto handicapped people do not constitute a discrimination within the meaning of present Convention.

Article 7
Handicapped children

1. The States Parties take all necessary measures to guarantee to the handicapped children the full pleasure of all the human rights and all fundamental freedoms, on the basis of equality with the other children.

2. In all the decisions which concern the handicapped children, the superior interest of the child must be a paramount consideration.

3. The States Parties guarantee to the handicapped child, on the basis of equality with the other children, the right to freely express its opinion on any question interesting it, the opinions of the child being duly taken into account have regard at its age and its degree of maturity, and to obtain for the exercise of this right a help adapted to its handicap and its age.

Article 10
Right to the life

The States Parties reaffirm that the right to the life is inherent in the human person and take all necessary measures to ensure the handicapped people the effective pleasure of it, on the basis of equality with the others.

Article 11
Situations of risk and situations urgently humane

The States Parties take, in accordance with the obligations which fall to them under the terms of the international law, in particular the humane international law and the international law of the human rights, all necessary measures to ensure the protection and the safety of the people handicapped in the situations of risk, including the armed conflicts, the humanitarian crises and the natural disasters.

Article 12
Recognition of the legal personality under conditions of equality

1. The States Parties reaffirm that the handicapped people are entitled to the recognition in all places of their legal personality.

2. The States Parties recognize that the handicapped people enjoy legal capacity in all the fields, on the basis of equality with the others.

3. The States Parties take appropriate measures to give to the handicapped people access to the accompaniment which they can need to exert their legal capacity.

4. The States Parties make so that measurements relating to the exercise of legal capacity are matched suitable and effective guarantees to prevent the abuses, in accordance with the international law of the human rights. These guarantees must guarantee that measurements relating to the exercise of legal capacity respect the rights, the will and the preferences of the person concerned, are free from any conflict of interest and do not give place to any abuse influence, are proportioned and adapted to the situation of the person concerned, apply for the shortest possible period and are subjected to a periodic control carried out by an independent and impartial body or a judicial body. These guarantees must also be proportioned with the degree to which measurements having to facilitate the exercise of legal capacity affect the rights and interests of the person concerned.

5. Subject to the provisions of this article, the States Parties take all appropriate measures and effective to guarantee the right which have the handicapped people, on the basis of equality with the others, to have goods or of to inherit, control their finances and to have access to the same conditions as the other people with the bank loans, mortgages and other forms of financial credit; they take care that the handicapped people are not arbitrarily private their goods.

Article 16
Right not to be subjected to the exploitation, violence and the ill-treatment

1. The States Parties take all legislative measures, administrative, social, educational and other appropriate measures to protect the handicapped people, in their residence like outside, against all forms of exploitation, violence and ill-treatment, including their aspects based on the sex.

2. The States Parties also take all appropriate measures to prevent all the forms of exploitation, violence and ill-treatment while ensuring in particular the handicapped people, with their family and with their helping of the suitable forms of assistance and accompaniment adapted to the sex and the age, including while placing at their disposal of information and the educational services on the means of avoiding, of recognizing and of denouncing the cases of exploitation, violence and ill-treatment. The States Parties take care that the protection services take account of the age, the sex and the handicap of the interested parties.

3. In order to prevent all the forms of exploitation, of violence and ill-treatment, the States Parties take care that all the establishments and intended programs with the handicapped people are actually controlled by independent authorities.

4. The States Parties take all appropriate measures to facilitate the physical, cognitive and psychological re-establishment, the readjustment and the social rehabilitation of the handicapped people who were victims of exploitation, violence or ill-treatment under all their forms, in particular while placing at their disposal of the protection services. The re-establishment and the reintegration intervene in an environment which supports health, the wellbeing, the regard of oneself, the dignity and the autonomy of the person and who takes into account the needs specifically related on the sex and the age.

5. The States Parties set up a legislation and effective policies, including a legislation and policies centered on the women and the children, who guarantee that the cases of exploitation, violence and ill-treatment towards handicapped people are detected, are the subject of an investigation and, if necessary, give place to continuations.

Article 17
Protection of the integrity of the person

Any handicapped person is entitled to the respect of her physical integrity and mental on the basis of the equality with the others.

Article 25
Health

The States Parties recognize that the handicapped people have the right to enjoy the best possible health condition without discrimination based on the handicap. They take all the appropriate measures to ensure to them the access at departments of health which take into account the sexospecificities, including services of readjustment. In particular, States Left:

a) Provide to the handicapped people free departments of health or of an accessible cost covering the same range and of the same quality as those offered to the other people, including departments of health sexual and genesic and Community programs of public health;

b) Provide to the handicapped people the departments of health which those need because specifically of their handicap, including services of early tracking and, if it is necessary, of early intervention, and of the services intended to reduce to the maximum or to prevent the new handicaps, in particular in the children and the elderly;

c) Fournissent these services the people as handicapped close as possible of their community, including in rural environment;

d) Require health professionals whom they exempt to the handicapped people care same quality as those exempted with the others, and in particular that they obtain to the free and enlightened assent handicapped people concerned; for this purpose, the States Parties undertake activities of formation and promulgate deontologic rules for the sectors public and deprived of the health in way, inter alia, to sensitize the personnel with the human rights, dignity, the autonomy and the needs for the handicapped people;

E) Prohibit in the sector of the insurances discrimination against the people handicapped, who must be able to obtain under equitable and reasonable conditions an health insurance and, in the countries where it is authorized by the national right, a life insurance;

F) Prevent any discriminatory refusal from providing care or medical departments or food or liquids because of a handicap.

Article 26
Adaptation and readjustment

1. The States Parties take effective measures and suitable, in particular utilizing the mutual aid between pars, to allow the handicapped people to reach and to preserve the maximum of autonomy, to fully carry out their potential physical, mental, social and professional, and to arrive to the full integration and the full participation in all the aspects of the life. For this purpose, the States Parties organize, reinforce and develop services and diversified programs of adaptation and readjustment, in particular in the fields of health, employment, education and the social services, so that these services and programs:

a) Start at the earliest possible stage and are founded on a multi-field evaluation of the needs and assets for each one;

b) The participation and integration at the community facilitate and with all the aspects of the company, are freely accepted and placed at the disposal of the people handicapped also close possible of their community, including in the rural areas.

2. The States Parties support the development of initial training and continuous professionals and personnel which works in the services of adaptation and readjustment.

3. The States Parties support the offer, the knowledge and the use of apparatuses and technologies of assistance, conceived for the handicapped people, who facilitate the adaptation and the readjustment.

Article 28
Adequate standard of living and social protection

1. The States Parties recognize the right of the people handicapped to an adequate standard of living for themselves and their family, in particular an adequate food, clothing and a housing, and with an constant improvement of their living conditions and take appropriate measures to protect and promote the exercise of this right without discrimination based on the handicap.

2. The States Parties recognize the right of the people handicapped to the social protection and the pleasure of this right without discrimination based on the handicap and take appropriate measures to protect and promote the exercise of this right, including intended measures with:

a) To ensure the handicapped people equal acces to the salubrious water services and to ensure the access to services, apparatuses and accessories and other assistances to them meeting the needs created by their handicap which are suitable and accessible;

b) To ensure the handicapped people, in particular the women and the girls and the elderly, the access to the programs of protection social and the programmes of reduction of poverty;

c) To ensure the handicapped people and their families, when those live in poverty, the access to the government aid to cover the expenses related to the handicap, in particular the expenses making it possible to ensure a formation adequately, a psychological support, an financial aid or an assumption of responsibility of respite;

d) To ensure the handicapped people the access to the programs of social housing;

E) To ensure the handicapped people equal acces to the programs and services of retirement.

With the Sight of the Convention of safeguard of the Human rights and Fundamental freedoms, as amended by Protocols N ^bone 11 and 14 of the Council of Europe in its articles:

Article 2 - Right to the life

1. The right of any person to the life is protected by the law. Death cannot be inflicted with whoever intentionally, except pursuant to a capital sentence pronounced by a court if the offense is punished of this sorrow by the law.

2. Death is not regarded as not inflicted in violation of this article whenever it would result from a recourse to the force made absolutely necessary:

a) to ensure the defense of any person against illegal violence;

b) to carry out a regular arrest or to prevent the escape from a regularly held person;

c) to repress, in accordance with the law, a riot or an insurrection.

Article 3 - Prohibition of torture

No one cannot be subjected to torture nor to sorrows or inhuman treatments or degrading.

Article 6 - Right to a fair trial

1. Any person is entitled so that its cause is heard equitably, publicly and within a reasonable delay, by an independent and impartial court, established by the law, which will decide, either of the disputes on its rights and obligations of civil nature, or of the cogency of any penal matter charge directed against it. The judgment must be returned publicly, but the access of the courtroom can be prohibited with the press and the public during totality or part of the lawsuit in the interest of morality, the law and order or the national security in an democratic society, when interests of the minors or the protection of the private life of the parts to the lawsuit require it, or in the measurement considered to be strictly necessary by the court, when in special circumstances publicity would be likely to attack the interests of justice.

2. Any marked person of an infringement is supposed innocent until its culpability was legally established.

3. Any defendant has right in particular to:

a) informed being, as soon as possible, in a language which it understands and in a detailed way, nature and cause of the charge carried against him;

b) to have of time and the facilities necessary to the preparation of its defense;

c) to defend itself or to have the assistance of a defender of his choice and, if it does not have the means of remunerating a defender, to be able to be assisted free by a lawyer of office, when the interests of justice require it;

 d) to question or make question the witnesses for the prosecution and obtain the convocation and the interrogation of the witnesses for the defense under the same conditions as the witnesses for the prosecution;

E) to be made assist interpreter free, if it does not include/understand or the language employed with the audience does not speak.

Waited until the whole of these international conventions are attached to the constitutional law by article 55 of our constitution, and automatically apply to all and all:

Article 55. - The treaties or agreements regularly ratified or approved have, as of their publication, an authority higher than that of the laws, provided, for each agreement or treaty, of its application by the other part.

The fact that the decisions taken by your administration and the Agency Regional of Health violate to them known as conventions, involves in fact “an attack with the integrity of the body of the nation” by agents of the public office, agents of public authorities, in the exercise of their missions, acts repressed by articles 410-1 and following of the Penal code.

Across these various violations of the penal code and international conventions, your services went guilty in an indubitable way of a setting in situation of imminent danger to the title of article 223-6 of the Penal code on the jurisprudential framework of stop 87-82-011 of April 26th, 1988 of the Court of criminal appeal of the Court of appeal on anybody in situation of very great weakness.

Waited until

·         Sirs ministers of state, Minister for Justice and Minister of Justice, minister of state and of the Interior, minister of state and minister with the Foreign affairs and the European Businesses,

·         Mister the Prime Minister,

·         Mr. President of the Republic, commander-in-chief of the Military forces, chair Superior council of the Magistrature, Grand Chancellor of the Legion of Honor and guarantor of the French Constitution,

regularly famous are informed, see themselves committed under their individual responsibility of decision, share of their nonaction and/or their nonreaction of the count of indictment of complicity credit and/or liability.

Within sight of the whole of the raised facts, and obvious violations of right noted in this file, we summon you, Mister the Prefect, to apply the republican right, namely:

·         To revoke the ordinance of expulsion at the border of Ardy VRENEZI established by your services,

·         To order and carry out the immediate return on the national territory of the unit it family VRENEZI,

·         To carry out the immediate rehabilitation of Ardy VRENEZI, in accordance with the decision of May 18th, 2009 taken the CDAPH of the Moselle, placing it in structure IEM “JONQUILS” of FREYMING - MERLEBACH,

·         To carry out the re-establishment with the former situation, on the territory of the same commune, other family members VRENEZI.

Within sight of the gravity of the raised facts, we inform you Mister the Prefect that we seize this day the President of the Council of State within the framework of a request of a procedure of the Control of Legality of the execution of your acts in this file, on the base of article 72, last subparagraph, of the Constitution of October 4th, 1958.

In waiting to read you we remain sincerely yours

Alain COCQ

Operations manager