Question 1125 — fundamental rights

Summary

Mr. Jérôme Legavre draws the attention of the Minister of the Interior to the difficulties raised by the prefect of the Hérault department against the exercise, in particular by the Libre Pensée 34 association and the BDS association, of the freedom and right of demonstration recognized for all citizens in the country. These two associations, with many other associations and many citizens, anxious to express their emotion, their anger and their aspiration for an end to the crimes perpetrated against the Palestinian and Lebanese people, have regularly convened or supported by participating in demonstrations on Saturdays, totally peaceful and respectful of public order in the commune of Montpellier. As proof, despite the prefecture's initial attempts to ban demonstrations of solidarity with the Palestinian people, two decisions of the administrative court, rendered on October 21 and 26, 2023 in summary proceedings, canceled the effects of the prefectural ban order and restored the right to demonstrate. Since then, every week, these two organizations, like many in the department and throughout France, have been organizers or participants in numerous gatherings or demonstrations. None of these initiatives gave rise to any physical or verbal violence whatsoever, which which is attested by all the reports in the press, the images broadcast and is not contested by anyone. Likewise, there were no insulting remarks or attacks of any kind. However, the prefect nonetheless leads, and particularly since the end of August 2024, an offensive aimed once again at preventing these demonstrations from taking place and what can be compared to a campaign of harassment against the two associations. above-mentioned and their activists; two bans on demonstrations, then the systematic ban on passing through the Place de la Comédie and most recently the filing of a defamation complaint against the secretary of Free Thought 34: the testimonies with which Mr. the deputy was seized lead him to raise with Mr. the minister the character which is as exceptional in the country, as is exorbitant of common law with regard to the freedom of manifestation which is the rule there. It should be noted that, despite requests to this effect, the prefect was not able to provide the slightest element of facts concerning “insulting remarks against the Jewish community” which were said to have been made during a press conference which was nevertheless public. This did not prevent this assertion from being repeated several times in the prohibition orders. The deputy was able to read it. The same goes for the mention of so-called “attacks”, a term used during the CDEN of October 16, 2024 by the prefect, without giving more detail or factual elements. Indeed, the MP wishes to recall that freedom of demonstration is a fundamental freedom with constitutional value, furthermore recognized and protected by numerous international and European texts, to which it does not seem tolerable to allow a state representative to evade. The prefect cannot in fact pretend to be unaware that when it comes to demonstrations, the principle is freedom and that only a proven risk of disturbing public order can justify a police measure, which is moreover strictly limited and proportionate to its purpose. This is what the Council of State reiterated again, in a decision rendered on October 18, 2023. Also, if the prefect affirms that elements are likely to disturb public order, he must give the exact content and in no case use elements unrelated to the demonstrations to justify the ban on them. If elements of a particular nature to a territory are invoked, they must be clearly indicated and not simply mentioned their existence. It would seem that these principles guiding public action are not respected in this matter and that the reasons for the banning orders contained in the recitals are likely to call into question the neutrality and reserve imposed by the function of a representative of the State. This is why he questions him about the measures he plans to take, within a time frame which will allow the reestablishment of a fundamental freedom in the coming weeks, so that this exceptional situation which cannot reasonably settle in a state of law.

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