By eight everyone was back at La Concorde. Serge Klarsfeld was waiting too. Someone asked one of the Brits, who had been there all night, if anyone had any instincts about what was to happen.
“None,” he said.
“No one was persuaded?”
“No one was sober,” he replied.
Shortly after nine a middle-aged woman rushed into the café. She was stout and squarely built and was bent over as she ran. She had both palms held out straight in front of her, fingers spread. It was a strange, lamenting posture, like that of a Greek mourning figure.
She ran over to Klarsfeld. He nodded and wept briefly, and they held each other. Ten! The spread fingers meant that Papon had been given ten years. “And everyone against us,” Klarsfeld muttered. It was a victory for him and for Arno; the jury had found Papon guilty of complicity in crimes against humanity but not of mass murder.
Outside, the children of the deportees came to meet Klarsfeld, clasping one another and kissing cheeks. They were stout and old and plain; evil may sometimes be banal, but virtue, to its credit, always is.
In front of the courthouse the argument had already begun. “It isn’t enough of a penalty!” someone cried. “You go serve ten years,” Klarsfeld said, pushing him gently The stout lady kept saying, “It was double or nothing, the parquet”—the government prosecutors—“wanted double or nothing.” She said “double or nothing” in English. Klarsfeld said, “He was not Touvier, and he was not Barbie. The ultimate responsables were the Nazis. After you have looked a real Nazi in the eye, you know the difference with Papon.” For the most part, the civil parties and the reporters who had been with them for six months were disappointed. “Ten years! Ten years is what you give a housebreaker,” one exhausted French journalist said.
Somehow, back in Paris, the verdict seemed more tolerable. Paradoxically the trial had concentrated so exclusively on Papon’s role in Bordeaux in the forties that it had redrawn his picture, making him once again a mere prefect. In reality, he had not been one more face among the fonctionnaires but one of the highest, one of the great men of state, a cabinet minister. But this was a Paris reality, not a Bordeaux one, and it was only back in Paris, where the ministerial Papon could be recalled, that the scale of the achievement in Bordeaux registered. A great man of state, protected by the state, had been pursued for crimes by pitifully ordinary people—and despite that, he had at last been held responsible. It wasn’t the victory over abstraction that Camus had died dreaming of. But this time nobody gave up.
In a way, the jury in the Palais de Justice had even, over sandwiches, used their imaginations to make some necessary retrospective law, and they had done it well. By saying that Papon didn’t know where the trains were going, and also saying that he was guilty of crimes against humanity, they were making the right and courageous point. To deliver a child to the secret police is as large a crime against humanity as you ever need to find, no matter where you think he is going or what kind of car he is going to travel in. The men with stamps and filing cabinets now couldn’t plead procedure any more than soldiers could plead orders; the appareil of the state would have to understand that their fiches represented people, whether they were Jews or Algerian demonstrators or refugees yet to come. The parallel paper universe now had a window.
I had explained to Luke, over the course of the trial, what was going on and why I was away: A bad man had long ago done wicked things to little children, and now he would be put in jail for it. When I came home, he asked if they had put the bad man in jail, and I said, well, yes, they had. “And when the bad man got put in jail, did all the children come out?” he asked.
Of course, they hadn’t even really put the bad man in jail. Papon remained free for almost another two years in various appeals—unusually so for a convicted man in France—and then, on the eve of his incarceration, fled to Switzerland. It seemed clear from the circumstances of his flight that he had some kind of internal help from the French functionary state. But he was found, quickly, within days, and brought back to France and locked up at last. In his flight he had taken the alias of La Rochefoucauld, the great French skeptic, a man of culture to the end.
Trouble at the Tower
Paris in July is pretty much left to the tourists and the people who look after them, while everyone else goes south, or west, or, in any case, away. An incident at the Eiffel Tower—which left a tourist sore, the tower closed tight for a couple of days, and an elevator operator out of a job for a while—told you everything you needed to know about what happens when you leave the tourist and his handlers alone to sort things out. What happened, if you missed it, was that a lady tourist got on the “up” elevator of the tower with a ticket for the second platform and then decided to get off at the first platform (because she felt dizzy or because she didn’t, or just because she was exercising her fundamental right to get on and off an elevator whenever she felt like it). She was kept from getting off the elevator by a French elevator operator (who either gently dissuaded her or handled her a bit roughly, or else launched into a Joe Pesci-in-a-Scorsese-film attack). The woman (an American? No, a Brit! Finally the French papers settled on calling her an Anglo-Saxon) was, it turned out, a successful writer with a profound sense of indignation and a lawyer. She complained, and the company that runs the tower—it’s a private business—had the elevator guy fired. But then the rest of the tower employees went out on strike in solidarity, closing down the tower and leaving a lot of indignant American and British tourists on the ground, furious at being denied their chance to be manhandled by the elevator operators.
The incident produced a certain panicky, just discernible exchange of meaningful glances for the rest of the week between the tourists and the touristed. (“So that’s what they want—our lives!” “So that’s what they want—our jobs!”) Naturally, sympathy in France gathered quickly around the wronged operator and his striking friends, while sympathy on the Anglo-American side gathered around the roughed-up lady. This distribution of sympathy wasn’t merely tribal, though. The Eiffel Tower Incident of the Summer of ’97 illustrates a temperamental and even intellectual difference between the two cultures. Most Americans draw their identities from the things they buy, while the French draw theirs from the jobs they do. What we think of as “French rudeness,” and what they think of as “American arrogance,” arise from this difference. But she was just trying to have a good time, we think. But he was only doing his job, they think. For us, an elevator operator is only a tourist’s way of getting to the top of the Eiffel Tower. For the French, a tourist is only an elevator operators opportunity to practice his metier in a suitably impressive setting.
The metaphysics of consumerism are much studied, of course, since it seems to be the century’s winning ism. (Americans have shown that whole art forms can be made through creative browsing.) Producerism, its surprisingly hardy French counterpart, is much less well diagnosed. The Eiffel Tower itself is a prime example of pure producerism, of metier mania: a thing built by an engineer as a self-sufficient work, whose only function is to stand there and be admired for having been engineered. The French ideal of a world in which everyone has a metier but no customers to trouble him is more practical than it might seem. It has been achieved, for instance, by the diplomats inside the quai d’Orsay, who create foreign policy of enormous subtlety and refinement which has absolutely no effect on anyone outside the building. It has also been achieved by IRCAM, the modern music institute, which sponsors contemporary composers who write music that so far no one has ever heard. (When the waiter at the café finally deigns to shake your hand, it does not mean that you are now a valued client. It means that you are now an honorary waiter.)