The highest French administrative court gave a double refusal, Wednesday, November 25, in two cases related to the terrorist assassination of Samuel Paty. The Interior Ministry, Gerald Darmanin, had pronounced, following this attack, the dissolution of the NGO BarakaCity, whose head, Idriss Sihamedi, published messages deemed hateful on social networks. He also ordered the administrative closure for six months of the mosque of Pantin (Seine-Saint-Denis), which had published on his Facebook page the video of a parent of a college student, at the origin of the campaign to denigration of the professor of history and geography.
The two organizations had challenged these decisions before the summary judge of the Council of State. The latter did not grant their requests. “The Council of State confines itself to ratifying a political decision of the executive power”, deplored the lawyers of the two organizations, MMe Vincent Brengarth and William Bourdon. The Minister of the Interior welcomed the dissolution of BarakaCity, “Association which incited hatred, maintained relations within the radical Islamist movement and trivialized terrorist acts”.
During the hearing devoted to BarakaCity, Monday morning November 23, immediately followed by that on the great mosque of Pantin, the lawyers warned against the validation by the Council of State of a form of “Responsibility by capillarity”. The summary judge essentially justifies his decision by the slippages on the social networks of Idriss Sihamedi, president and founder of BarakaCity. “The incriminated remarks of the president of the association can be imputed to the association itself and constitute speeches inciting to discrimination, hatred or violence, which can justify a dissolution”, explained the Council of State in its press release.
However, the dissolution of BarakaCity, pronounced under Article L. 212-1 of the Internal Security Code, was based on two types of criticism made against the NGO: the dissemination of messages inciting hatred and the promotion acts of terrorism. On the first point, Idriss Sihamedi, present at the hearing, pleaded the ” clumsiness “ while assuming its desire to shock to raise awareness and spark debate. “May Allah curse Charlie and set their graves ablaze in the heat of the sun”, he wrote on Facebook on September 3.
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