On Friday, April 29, the Council of State suspended the execution of the decrees dissolving the “Comité Action Palestine” and the “Collectif Palestine Vaincra” published in March by the Ministry of the Interior. The latter accused these associations of“call for hatred, discrimination, violence” and of “incitement to terrorist acts”.
With regard to the “Palestine Action Committee”, the measure of dissolution “carries a serious and manifestly illegal attack on freedom of association and freedom of expression”, writes in its decision the Council of State, seized in summary by the association. She had been accused in particular by the authorities of “relay press releases” and of “report on the activity of Palestinian terrorist organizations, including Hamas, the Islamic Jihad Movement in Palestine and Hezbollah”.
“The positions taken by the association’s publications (…) cannot (…) be regarded as provoking discrimination, hatred or violence against a group of people”, according to the highest administrative court. Nor can they be “qualified as acts with a view to provoking acts of terrorism”at this stage of the investigation, according to the magistrates. “This is a precious victory for the rule of law”reacted Vincent Brengarth, the lawyer of the “Palestine Action Committee”.
“This sanctions the political instrumentalization of the Israeli-Palestinian conflict by the Ministry of the Interior.”
Vincent Brengarth, lawyer for the “Palestine Action Committee”at AFP
Regarding the “Collectif Palestine Vaincra”, the Ministry of the Interior accused it of “to cultivate the feeling of oppression of ‘Muslim peoples’ (…) with the aim of spreading the idea of Islamophobia on an international scale”, “under the guise of defending the Palestinian cause”. The ministry also accused him of calling “to discrimination and hatred towards Israel and Israelis”in particular through boycott campaigns.
The call for a boycott “translates the expression of a dissenting opinion and cannot by itself (..) be regarded as a provocation or a contribution to discrimination, hatred or violence against a group of people”underlines the decision of the Council of State.
“It’s a first victory (…) pending the judgment of the appeal for annulment”, rejoiced on its site the “Collectif Palestine Vaincra”. The State will have to pay 3,000 euros to each of the two associations. Asked by AFP, the Ministry of the Interior declined to comment.