The Council of State confirmed the dissolution in the Council of Ministers of the Barakacity association, on October 28, 2020, as well as the closure by prefectural decree of the Great Mosque of Pantin, as of October 21, 2020 and for a period of six month.
These two decisions come at the right time for the executive, while the bill confirming Republican principles must be presented, Wednesday, December 9, in the Council of Ministers.
Idriss Sihamedi and Barakacity
The humanitarian NGO Barakacity had asked the judge of the Council of State urgently to suspend its dissolution. The key reason for rejecting this request is that the words of its main leader, Idriss Sihamedi, “Sent indifferently from his personal accounts or those of the association on social networks” can “Be charged to the association itself”. In fact, he is at the same time the founder, the president, the communications director and the director of the publication.
→ THE FACTS. The Council of State considers the dissolution of Barakacity
However, the publications of the person concerned openly constitute speech inciting discrimination, hatred or violence. Two messages targeting the victims of the attack on the newspaper Charlie hebdo are particularly incriminated: “ May the Lord increase the flames of their graves to 2000 degrees! ” and “ May Allah curse Charlie and LIGHT their graves in the heat of the sun !!! “. The judge further emphasize “The absence of any recent action ” and of “ warning subscribers ” in the face of numerous comments from openly hateful, anti-Semitic or murderous Internet users.
Finally, the Council of State argues that Idriss Sihamedi exposed people to public vindictiveness. In fact, his trial for digital harassment against Zineb El Rhazoui, ex-journalist of Charlie hebdo, will open in December. Barakacity’s lawyers, Me William Bourdon and Vincent Brengarth, immediately announced that they would seize the European Court of Human Rights, denouncing the absence of the right to an effective remedy in this dissolution procedure.
Radical Islamist movement
At the same time, the Council of State rejected, on appeal, the request to suspend the closure, for six months, of the Great Mosque of Pantin. The Muslim Federation of Pantin, which manages it, may nevertheless request its reopening when it considers that it has taken steps. “Measures likely to prevent the reiteration of the dysfunctions noted, in particular by the choice of the imams authorized to officiate, the adoption of measures of effective control of the frequentation of the mosque and of the social networks placed under its responsibility “.
→ INVESTIGATION. Conflans attack: why the leaders of the Pantin mosque are in the prefect’s sights
The judges considered, on the one hand, that the publication on his Facebook account of the video of the father demanding the eviction of a history-geography professor, followed by an unmoderated comment mentioning the identity of Samuel Paty, constitutes provocations to violence and hatred in connection with the risk of committing acts of terrorism.
On the other hand, they analyze that several elements establish the diffusion within it “Ideas and theories inciting violence, hatred or discrimination in connection with the risk of committing acts of terrorism”. Starting with the personality of the former principal imam, Ibrahim Doucouré, “ involved in the radical Islamist movement ”.
But the decision goes further than the elements presented at the hearing by observing that “ the Great Mosque of Pantin has become a gathering place for individuals belonging to the radical Islamic movement, some of whom do not live in the Seine-Saint-Denis department and have been implicated in terrorist acts. “