The French government tabled a text penalizing the denial of genocides and crimes against humanity under the bill Equality and Citizenship, whose examination began at the National Assembly.
The government amendment specifies that “will be punished the same way those who have denied, trivialized or minus of outrageous manner by one of the means set forth in article 23, the existence of a genocide (…) another crime against humanity, a crime of enslavement or exploitation of a disabled person in slavery or war crimes (…) “.
The Armenian Organizations Coordination Council of France (CCAF) welcomes and supports this initiative which is consistent with the commitments of the President of the Republic, paid by the government.
Including the text in the bill Equality and Citizenship, denial of genocide is not registered under the memorial laws but in the corporate laws, like the fight against racism and antisemitism.
The CFC also welcomes the willingness of the government to include the defense of the truth of the Armenian Genocide in the frame, more global, the values of the French Republic. As we hope that such legislation is finally adopted this year, we welcome the commitment of all members who have accompanied us during all these years.
Today, for the first time, we have a government initiative.
We call on all parliamentary forces to rally behind this consensus text.
The text on the link below.
AMENDMENT No. 1559 presented by the Government
ARTICLE 38 TER Replace paragraphs 2-8 the following ten paragraphs:
“1. The fifth paragraph of Article 24 is amended as follows:
“A) After the word” humanity “are inserted the words” the enslavement of crime and exploitation of an enslaved person “;
“B) is supplemented by the words”, including if these crimes have not resulted in the conviction of perpetrators “;
“2. After the first paragraph of Article 24a are inserted three paragraphs as follows:” Will be punished the same way those who have denied, trivialized or minus of outrageous manner by one of the means set forth in Article 23 the existence of a genocide other than those referred to in the first paragraph of another crime against humanity, a crime of enslavement or exploitation of a disabled person in slavery or war crime, as defined by Articles 6, 7 and 8 of the Statute of the international criminal Court created in Rome on 17 July 1998 and by articles 211-1 to 212- 3 224
1 A to C 224-1 and 461-1 to 461
31 of the Criminal Code when:
“1 This crime resulted in a conviction by a French or international court or,
“2. The denial, markdown or the trivialization of the crime constitutes incitement to violence or hatred against a group of persons or a member of such a group defined by reference to the alleged race, color, religion, descent or national origin. “;
“3. After Article 48-1, inserted Article 48-1-1 as follows;
1-1. – All regularly registered association for at least five years, is intended by its statutes to fight against slavery or defend the memory of slaves and the honor of their descendants may exercise the rights granted to the civil party in respect apology offenses, denial, markdown or trivialization of crimes of enslavement or exploitation of a disabled person in slavery under articles 24 and 24 bis.
“However, when the offense is committed against persons considered individually, the association will be admissible in its action if it proves it has obtained the consent of such persons or to justify that these persons do not oppose prosecution. “
The fight against discrimination is a priority of the Government, which finds expression in this bill. It requires recognition of its more extreme forms, such as crimes against humanity, including genocide and slavery crimes.
The specificity of these crimes requires that they can be judged and recognized by the court as long as their authors remain, that is why they are imprescriptible. It also means fighting beyond, against their denial or trivialization.
The questioning of these crimes, be it genocide, trafficking and slavery or any other crime against humanity when it contradicts the facts that have been tried and found by the courts, or when it incites hatred or violence, may indeed be tolerated.
MP Victorin Lurel wanted to make a significant improvement in this respect to our legislative system when reviewing the text in committee, by broadening the scope of the repression of the protest or the trivialization of crimes against humanity, today ‘ hui limited to the denial of the Holocaust, in all these crimes, including trafficking and slavery.
The Government shares this objective and therefore fully supports this approach. He therefore wishes to ensure the highest level of legal certainty on a sensitive issue, and have shown a decision of the Constitutional Council in 2012 and a notice of the State Council in 2013.
The aim of this amendment is to improve the wording of article 38 bis adopted in committee to clarify and strengthen the legal security.
It thus provides:
• To better distinguish advocating crimes against humanity, which falls under Article 24 of the Press Law, it should be supplemented to mention there slavery, their denial. It should also be noted that for the apologies of Article 24, it is not required that the perpetrators were convicted.
• Better define the negation of crime or trivialisation of these crimes respecting both constitutional requirements and the Framework Decision 2008/913 / JHA of 28 November 2008 on the fight against certain forms and expressions of racism and xenophobia means of criminal law. Two hypotheses are thus provided for either the crimes were the subject of a conviction by an international court or by a French court, or the denial or trivialization of these crimes is exercised in a way that incites violence or hatred.
While only the denial of the Holocaust is repressed today, this text will punish the challenge or the trivialization of all crimes against humanity or war crimes, but not limited to, when they have been recognized by a court.
It will, for example, penalize the denial of the Rwandan genocide.
But it will, above and more generally, to take into account the historically recognized crimes, although their seniority rules out any possibility for the court to decide when their dispute or trivializing them will be committed in conditions encouraging to hatred or violence. This second category will notably cover the case of the Armenian genocide of 1915, which France has recognized, but there is more opportunity to prosecute. •
Allow associations to fight against slavery or slaves defense memory and honor of their descendants to become a civil party in proceedings to these crimes.
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