The LFI proposal to repeal the offense of glorifying terrorism causes a fever in the NFP

POLITICS – New tensions. By proposing to eliminate the offense of apologizing for terrorism, La France insoumise attracted numerous condemnations on the political spectrum, on the right and among the Macronists, but also a strong response from the Socialist Party, with the backdrop of conflict in the Middle East.

Concretely, the text tabled by the deputy of the North Ugo Bernalicis, wants to eliminate this offense created by a law of 2014, considering that in this matter sufficient “the law of July 29, 1881 dealing with facts relating to the offenses of apologizing for a crime, apologizing for a war crime, apologizing for a crime against humanity”. According to the rebels, the crime has increased “the instrumentalization of the fight against terrorism” against the “freedom of expression”as Mathilde Panot recalled this Sunday, November 24 on BFMTV.

« It turns out that before 2014, before the law which put the apology for terrorism in the Penal Code, it was in press law. And what we denounce is precisely that it is in the Penal Code and no longer in press law. So we are not repealing the offense of apologizing for terrorism, we are putting it back in press law “, explained the elected representative from Val-de-Marne, before adding: “ I find it incredible that it is explained everywhere that we are in the process of repealing the offense of glorifying terrorism. We are in the process of putting it back in the right place. »

It must be said that the proposal has generated numerous reactions over the past few hours. Interior Minister Bruno Retailleau describes the text as “despicable”, while former Prime Minister Gabriel Attal calls on left-wing parties to “ dissociate » of their allies. In this context, the New Popular Front is teetering again.

“A moral bankruptcy”

Among the strongest reactions on the left, that of Jérôme Guedj, the PS deputy for Essonne who has broken with the rebels since the repeated controversies over the conflict in the Middle East. For him, the LFI proposal is a “ shipwreck “, because it comes back, he explains, to “ decriminalize the apology of terrorism. » « They got lost in the ambiguity – a mild understatement – ​​of their relationship to terrorism », writes the parliamentarian on social networks.

Like him, several socialist elected officials, often resistant to the NFP, denounce a drift on the part of the Mélenchonists. “ This text is a new moral bankruptcy in the face of victims of terrorism and bereaved families », castigates for example the president of the Occitanie region Carole Delga by denouncing a “ glorified terrorism “, when his colleague Senator Rachid Temal speaks of a proposal ” disgusting and infamous. »

In this concert of criticism, the first secretary of the Socialist Party Olivier Faure also gives voice, taking advantage of a dig from Jean-Luc Mélenchon on social networks, who denounced the position of the German socialist chancellor towards the Court's decision international criminal law against Israeli Prime Minister Benjamin Netanyahu. “ I regret the German position which is not mine, but at the same time I am not submitting (a text) which purely and simply repeals the offense of glorifying terrorism », replies Olivier Faure.

With one nuance, however, from the side of the deputy for Seine-et-Marne: “ the definition (of the crime) only needs to be clarified to avoid abuses. It is imperative to protect public freedoms but also to protect the French from fanaticism and calls for violence and hatred. “, he assures.

The 2014 text often criticized

Behind these knee-jerk reactions, it is indeed interesting to note that the rebels and the radical left are not alone in denouncing the abuses associated with the 2014 text. Far from it. The debate around this offense has been lively for years, and many jurists, associations or institutions have often pointed the finger at the “ perverse effects » of the modification pushed in particular by the socialist Prime Minister of the time Bernard Cazeneuve.

The law in question has “ subtracted the offenses of incitement and apology to the regime of press law to bring them into common law. By allowing immediate appearance and warrant of committal for expression offenses, this reform has not only damaged the law of 1881, but also established an equivalence of seriousness between the procedural treatment of certain expressions and that of acts of delinquency », wrote for example Kim Reuflet, the president of the Magistracy Union, in a column published by Liberation last spring.

As many criticisms as we could find from the Defender of Rights of the time Jacques Toubon, from the Amnesty International movement, or… from the former anti-terrorism judge Marc Trévidic, who nevertheless supported the text at the time of its adoption in 2014 .

At the beginning of October, ten years later, the famous magistrate spoke of his regrets to Humanitycriticizing “ a totally misused use of the law” and the fact that a “ simple tag in support of Palestine puts you in jail. » « The apology for terrorism should have been left in the press law and a repressive text specially dedicated to jihadist propaganda sites should have been enacted. “, he explained, calling for “ dare to turn back. » This time he risks not being heard, neither on one side nor on the other.

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