“This is unheard of,” says lawyer Richard Malka

Charlie Hebdo’s lawyer denounced Tuesday on franceinfo “a lack of respect for the judicial institution and the separation of powers.”

“This is unheard of”, lawyer Richard Malka is outraged this Tuesday on franceinfo, while a rally in support of Rima Hassan and Mathilde Panot is organized Tuesday April 30 near the Paris court and the premises of the judicial police, where the two Insoumises must be heard as part of investigations for “apology of terrorism” after comments linked to the war in the Middle East. The lawyer says to himself “shocked” by this “call for demonstrations from an MP”. Charlie Hebdo’s lawyer denounces “a non-respect of the judicial institution and the separation of powers”.

Richard Malka believes that the summons of Mathilde Panot, leader of the rebellious deputies, and Rima Hassan, candidate of La France insoumise (LFI) in the European elections, are not extraordinary. He maintains that it is common to see “candidates summoned by the police” and that in this specific case “democracy is not in danger”. “It happens to all candidates of all parties”, he adds. The lawyer cites in particular the case of “François Fillon during the presidential election” from 2017 or that of Éric Zemmour. Richard Malka assures that he did not then “didn’t hear the LFI people screaming about democracy in danger”. He also recalls that “it is not because we are summoned that we are guilty or that we will be prosecuted”.

“The principle is freedom”

The lawyer, known for his attachment to freedom of expression, considers that the Insoumis, who describe these summons as “censorship” him “seem to do a lot”. He emphasizes that Mathilde Panot and Rima Hassan are not “neither [des] martyrs”. Richard Malka discusses in more detail the facts with which Mathilde Panot and Rima Hassan are accused. “It is not possible to accept approvals for terrorism; now we are in the matter of freedom of expression, so the principle is freedom and restrictions should only be exceptional,” he assures.

“There is a possible moral, political, ideological dispute, but not everything can fall under criminal law.”

Richard Malka, lawyer

on franceinfo

Richard Malka thus explains that through these summonses, the police will notably “consider whether the facts in question merit going further.” But as it stands, if Mathilde Panot is only heard to explain herself on “the press release [du groupe parlementaire publié le] October 7”Richard Malka “do not think” that it is worth going further. “This press release is politically and morally questionable, but legally, I don’t really see how we can pursue it”, he notes. The lawyer would like to point out that “it is not because we are shocked, hurt, hurt by an opinion that does not suit us that it should be condemned”.

LFI accused of “instrumentalizing” the Palestinian cause

The lawyer for the family of Dominique Bernard, a teacher murdered in his high school in Arras in October 2023, calls for reason in the face of the current climate. He fears that we “borders on hysteria”. “We have the impression of being caught up by passions”, that we move away “of reason, of measure, of nuance”. Richard Malka points the finger in particular “exaggerated positions”. He does not see how they “are part of the European debate which should be ours” a few weeks before the European elections.

Richard Malka, lawyer for the essayist Rachel Khan, who filed a complaint against Rima Hassan for public insult, also accuses LFI of‘”instrumentalize” the Palestinian cause. He rocks “share point of view” by Léon Deffontaines. The head of the communist list in the European elections criticized LFI last Thursday on franceinfo for “sullying and trampling on the Palestinian struggle for electoral purposes”. Richard Malka indeed judges the party’s position “cynical and irresponsible”.

He also criticizes the blocking of Sciences Po by pro-Palestinian students. If Richard Malka says he is in favor of “debate”, he considers that it is not necessary to take “an entire community hostage”. He fears “a deterioration in the image of Sciences Po from which this institution will have difficulty recovering”.