As trials multiply against the solidarity with exiles (see here, here, here, here and there), a national appeal is circulating “To end the crime of solidarity”, signed on January 12th by 100 organizations, Which offers a day of action on 9 February.
At the Italian border, 13 people are being prosecuted: Claire, Pierre-Alain, Cédric, BenArtCore, 8 February at the TGI of Nice, Felix, 16 February at the TGI of Imperia (Italy), Magali on 2 March at the TGI Nice, Francesca, 4 April 2017 at Nice TGI, Eric, 24 April 2017 at the Nice TGI, Marie-Rose, 24 April 2017 at the Nice TGI, Françoise, 16 May 2017 at the Nice TGI, René , On May 16, 2017 at the TGI of Nice, Gérard, May 16, 2017 at the TGI of Nice, Dan, May 16, 2017 at the TGI of Nice.
The petition for support is still ongoing:
And a support fund was organized for trials:
” We need your help
To cover legal costs, make a donation via HelloAsso (https://www.helloasso.com/associations/association-pour-la-democratie-a-nice-adn/collectes/solidarite-avec-les-solidaires)) or by Check to the order of: LDH Nice section (Please specify on the back: for refugee volunteers). Address: LDH Nice section, House of associations 12ter Pl Garibaldi, 06300 Nice »
In Paris, Houssam El Assimi goes on trial on Tuesday 17 January. The collective La Chapelle Debout calls to come to support it and ask for its release on January 17 from 8:30 am at the tribunal de grande instance, Palais de Justice, on the Île de Cité (see press release below).
« Collective action
To end the solidarity offense
The trial of residents of the Roya Valley who are”guilty” of coming to the aid of refugees, comes with the threat of heavy penalties. Measures of intimidation, prosecution and sometimes condemnation of people who have acted in support of migrants or Roma in Calais, Paris, Norrent-Fontes, Boulogne, Loos, Perpignan, St- Etienne, in Meaux … We have witnessed for several months the upsurge of cases where solidarity is considered a crime.
It is clear that the authorities intend to bend citizens who do not adhere to the policies of non-reception and exclusion of migrants and that they will not hesitate to assimilate them to those who profit from the vulnerability of the Exiles and exploit them, smugglers and traffickers of all kinds.
100 national or local associations or trade unions are publishing a manifesto by which they intend to denounce these procedures. In the coming weeks, they will carry out all sorts of actions to preserve the right of observation, the right of criticism, the right to oppose policies that are disapproved of, the right to behave other than as an agent of border closure policies: the right to act in all humanity.
12 January 2017
- Manifesto “Solidarity, more than ever an offense? ”
- The first 100 signatory organizations
- Different ways of participating in the collective mobilization
Manifesto “Solidarity, more than ever an offense? “
Of course, solidarity has never been included in any code as an offense.
However, associative activists who are only helping people in very precarious situations, victims of dangerous, violent and even inhuman decisions, find themselves facing justice today.
With the introduction of a state of emergency, and in the context of the so-called “migratory crisis”, there has been a resurgence of prosecutions aimed at preventing the expression of solidarity with migrants, refugees, Roma and undocumented migrants. It is the support for all foreigners which tends to become suspect, the expression of the contestation of the policies being carried out which is assimilated with rebellion and the disturbance to public order.
The law makes it possible to prosecute those who help the “sans-papiers” 1, but all sorts of other charges are now used to hinder any citizen action that is opposed to the policies being implemented. All these intimidations, prosecutions, and sometimes convictions, are in fact what really constitute new forms of the “offense of solidarity”.
As early as 2009, associations for the defense of human rights and support for foreigners denounced the fact that the offense of “assistance for the entry, movement and residence of foreigners in an irregular situation” which was intended to combat those who trade in the trafficking and exploitation of foreigners, has allowed over time to sanction the “helpers” of undocumented foreigners, even if not acting for profit. If the penalties are not always applied, such a regulation will of course have a dissuasive effect on those who refuse to submit to policies hostile to foreigners.
The mobilization of the associations, at the time, resulted in several successive reforms, including that of 31 December 2012 which was presented as the “suppression” of the crime of solidarity. It is not so ; The redrafting of the texts merely specifies and increases the cases of exemption from prosecution. In addition to assistance to parents, assistance is granted which has only been aimed at “ensuring dignified and decent living conditions abroad” or “preserving the dignity or physical integrity “. Despite this, people who have expressed their solidarity with foreigners without a residence permit continue to be treated as criminals – summoned by the police or gendarmerie, put in police custody, searched, telephone tapping – even prosecuted and sometimes punished with fines and imprisonment .
At the same time, prosecutions have been started on the basis of texts not related to immigration.
- Offenses of contempt, insult and defamation, rebellion or violence against a law enforcement officer are used to defend the administration and the police against those who criticize their practices;
- The offense of “obstructing the movement of an aircraft”, which appears in the Civil Aviation Code, makes it possible to suppress passengers who, seeing persons tied up and gagged in an airplane, protest against the violence of the evictions;
- The regulations sanctioning the employment of a foreign worker without a work permit have been of concern to people who host irregular migrants who accept that their guests assist them in domestic work.
Today, the motives for prosecution are becoming ever more diverse. While prosecutions for helping entry and stay have resumed, new charges are used to condemn solidarity actions:
- Urban planning regulations have been invoked at Norrent-Fontes (Pas-de-Calais) to demand the destruction of migrant shelters;
- Texts on hygiene or safety applicable to premises have served to prevent accommodation being provided in St-Etienne;
- The absence of a seat belt and a seat for a girl in a truck resulted in the conviction of a helper in Calais;
- The intrusion into particular zones, prohibited because of a state of emergency, was used, in Calais also, to prevent citizen’s seeing ;
- The offense of forgery and the use of forgery has been used to intimidate people who wanted to attest the presence for more than 48 hours of people in a squat in Clichy;
And, more and more, the mere fact of having wanted to witness police operations, evictions of camps, raids, can lead to an arrest, under cover of rebellion or violence against an agent.
These intimidation processes must stop. We affirm the legitimacy of citizens’ right of scrutiny over the practices of the administration, the justice or the police.
We want to encourage those who show solidarity with people in precarious situations without worrying about whether or not they are in a regular situation regarding their stay. We refuse that populations targeted by xenophobic practices and policies are stopped from having support. The future of the very principle of solidarity is at stake.
|Join the collective and participate in its actions : look at the box after the signatures|
First organisations to have signed :
Acort (Assemblée citoyenne des originaires de Turquie)
ADDE (Avocats pour la défense des droits des étrangers)
ADMIE (Association pour la Défense des Mineurs Isolés Etrangers)
AFVS (Association des familles victimes du saturnisme)
Amoureux au ban public (Les)
Catred (Collectif des accidentés du travail, handicapés et retraités pour l’égalité des droits)
Cedetim/Ipam (Centre d’études et d’initiatives de solidarité internationale)
Ceras (Centre de recherche et d’action sociales)
Cnafal (Conseil national des associations familiales laïques)
Collectif National Droits de l’Homme Romeurope
Collectif Ni Guerres Ni État de Guerre
Comede (Comité pour la santé des exilés)
Comegas (Collectif des médecins généralistes pour l’accès aux soins)
Copaf (Collectif pour l’avenir des foyers)
Culture et Liberté
Fasti (Fédération des associations de solidarité avec tou-te-s les immigré-e-s)
Fédération Entraide Protestante
Fnars (Fédération des acteurs de la solidarité)
Fondation Abbé Pierre
FTCR (Fédération des Tunisiens pour une citoyenneté des deux rives)
Gisti (Groupe d’information et de soutien des immigré·e·s)
Jesuit Refugee Service (JRS) France
LDH (Ligue des droits de l’Homme)
Mrap (Mouvement contre le racisme et pour l’amitié entre les peuples)
RESF (Réseau Éducation Sans Frontières)
Revivre (association de soutien aux demandeurs d’asile, réfugiés syriens et prisonniers politiques en Syrie)
UJFP (Union juive française pour la paix)
RESF 03 (Allier)
RESF 43 (Haute-Loire)
RESF 63 (Puy-de-Dôme)
Collectif Creusot-Autun des Droits de l’Homme
Les Amis du CADA (Digoin, Saône-et-Loire)
La Cimade – groupe local de Blois
ACC Minorités visibles (Dunkerque)
Arras Solidarité réfugiés
Auberge des Migrants (L’)
Collectif de soutien à Jean Luc Munro
Équipe de soutien juridique de Dunkerque
Flandres Terre solidaire
Fraternité Migrants Bassin Minier 62
La Cabane juridique / Legal Shelter
La Fraternité (Bruay-la-Buissière)
Le Réveil Voyageur
Planning familial Pas-de-Calais
Terre d’errance Flandres littoral
ASEFRR (Association Solidarité Essonne Familles Roumaines et Rroms)
Aset 93 (Association d’aide à la scolarisation des enfants Tsiganes)
Assemblée citoyenne du 14ème
Collectif de Vigilance Paris12 pour les droits des étrangers-RESF
Collectif Romeurope du Val Maubuée
Collectif de soutien 5è-13è aux migrants d’Austerlitz
Hors la Rue
Inter-Collectif Parisien de Soutien aux Migrant-es
La Chapelle debout
Observatoire Citoyen du CRA de Palaiseau
Solidarité migrants Wilson
Cercle des Voisins du CRA de Cornebarrieu (Haute-Garonne)
Planning familial 48 (Lozère)
Association pour la démocratie à Nice
Beaux repères (Avignon)
Collectif Agir à Aix-en-Provence pour l’accueil des migrants en pays d’Aix
Comité de Vigilance des Alpes Maritimes (COVIAM)
Habitat et citoyenneté (Nice)
Roya citoyenne (La)
Tous migrants (Marseille)
Trade Union Organisations
Émancipation tendance intersyndicale
Fédération Solidaires Étudiant-e-s
FERC CGT (Fédération de l’Éducation, de la Recherche et de la Culture)
SAF (Syndicat des avocats de France)
SGLCE-CGT (Syndicat Général du Livre et de la Communication Écrite CGT)
SNUipp-FSU (Syndicat national unitaire des instituteurs et professeurs des écoles et PEGC)
SNPES-PJJ-FSU (Syndicat National des Personnels de L’Éducation et du Social)
SUD Collectivités territoriales
SUD Industrie Francilien
SUD Logement social
SUD Santé Sociaux
Syndicat de la Magistrature
Union départementale Solidaires Pas-de-Calais
Union syndicale Solidaires
Political organisations :
EELV (Europe Écologie Les Verts)
OCL (Organisation communiste libertaire
|Different ways of participating in the collective mobilization
Bring the signature of an organization to join the collective (from January 13th)
Participate in the Day of Action on Thursday, February 9th, 2017
Be aware of the activity of the collective
Contribute to the mobilization, to disseminate information, texts and photos of protest actions
Find out about past and ongoing prosecutions
To inform the collective about cases directly or indirectly related to the offense of solidarity
The trial of Houssam El Assimi, a member of the La Chapelle Debout! Collective, will be held on Tuesday, 17th January, at the 28th Chambers of the TGI in Paris, he is likely to go to jail for helping migrants on the streets.
Present at a raid on September 30th, 2016 on an encampment of Exiles, on the avenue de Flanders in Paris, while informing the people present of their rights, Houssam El Assimi was apprehended with violence by two policemen before being handcuffed and taken to a police station where he was kept in custody for 27 hours. He was then summoned before justice for “rebellion and violence against a person holding public authority”.
He is sentenced to three years’ imprisonment and a fine of 45,000 euros.
However, a video (see below 5min20) testifies that he was not guilty of any violence; And it was he who had 3 days suspended from work following his arrest, whereas the policeman who accuses him of violence cannot produce any proof of the accusation.
Tuesday 17, January in Paris TGI, after Rob Lawrie in 2015, Pierre-Alain Mannoni in 2016, Cédric Herrou in 2017,and many others, there will be once more a trial against solidarity and action against the politics of non-welcoming.
What should be judged, on the contrary, are the police raids! Symptoms and symbols of a police response to a human tragedy and a shameful policy of non-reception reaffirmed every day with determination by the French government, they have been carried out every 3 days on average in Paris throughout the summer of 2016 Since the security law of 22nd July 2016, there have been more than 4,500 arrests in Paris, 400 OQTF (forced to leave French territory), 120 placements in administrative detention centres and several deportations to countries where asylum seekers risk their lives (Afghanistan, Sudan …). Since the opening of the centre at la Chapelle, which is only humanitarian in name, it is with ever more ardor that the police harass the migrants on the street with blows from telescopic batons and tear gas, confiscating tents and duvets, even in negative temperatures, thus strictly respecting the instructions given jointly by the Prefecture and the Town Hall: no more encampments in the streets of Paris. The communication of the authorities, however professional, from a government which “takes its responsibilities” and a “city of refuge” does not deceive anyone. Citizens who show disagreement with this unworthy policy and their solidarity with any person, whether foreign or irregular, should be supported and not judged.
Inhumanity and violence on the one hand, equality and solidarity on the other, the fight continues!
On January 17th, 2017 at 9 am, come to support Houssam in front of the TGI of Paris and ask for his release. ”