The European Court of Human Rights does not call into question the conviction for “complicity in apology for terrorism”, but judge disproportionate the use of a prison sentence.
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The European Court of Human Rights (ECHR) condemned France, Thursday, June 23, in a case brought before it by Jean-Marc Rouillan, former member of the Terrorist Group Action Direct. On this occasion, it specifies the extreme precaution with which states can limit freedom of expression.
First of all, the court of the Council of Europe deems legitimate and appropriate the condemnation of Mr. Rouillan for “complicity in apology for terrorism” for having declared on the radio, in 2016, about the authors of Paris attacks in 2015 – those of January and those of November 13 – that he had “found them very courageous”. But, for the Court, the penalty inflicted, in this case eighteen months in prison, of which ten months of suspended sentence is disproportionate, is disproportionate and violates as such article 10 of the European Convention on Rights of man guaranteeing freedom of expression.
Some will say that the ECDH was content to cut the pear in two in an emblematic case both by the identity of the applicant – a former far left terrorist who spent twenty -five years in prison until his Conditional release in 2012 – that by the extreme sensitivity of the subject and the context mentioned – the 2015 attacks. Strasbourg judges deliver with their decision very detailed motivations.
severe sanction
This affair dates back to February 23, 2016, when Jean-Marc Rouillan grants an interview with a local radio in the Southeast. Asked about the authors of the 2015 attacks by the journalist who is surprised by the absence of condemnation of religious fundamentalism by his interlocutor, he notably replied that “they were courageously fought” and that one cannot say that ‘They “are cowards”.
In September 2016, the Paris Criminal Court condemned Mr. Rouillan for “apology for terrorism” at eight months of firm imprisonment, as well as to pay a euro of damages to the French Association of Victims of Terrorism and 300 euros to each of the victims of the civil parties. The Paris Court of Appeal requires the offense, on May 16, 2017, in “complicity in the apology for terrorism”, since the media having disseminated the interview is legally the first manager, but increases the penalty.
In its judgment, the Court of Appeal considers that “the apology of an act of terrorism results from the glorification of the crime or the acts committed by this terrorist but also in the defense of the terrorist himself; (… ) Courage cannot be circumscribed in the fact of risking his life in an action but is regarded as one of the main virtues of man, virtue which is essential to that which will be considered as a hero “. And to justify a more severe sanction than in the first instance, the judges of appeal stress that “the journalists who carried out the interview tried several times to make him rectify his words; that in the eyes of the notoriety that Jean-Marc Rouillan The scope of pronounced remarks is reinforced “. The Court of Cassation seized by Mr. Rouillan rejected his appeal on November 27, 2018.
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