His ashes have barely had time to cool.
Self-dissolved last Friday, once again dissolved by the government on Wednesday, the Collective against Islamophobia in France (CCIF) is already back.
In question, the publication on December 2 of the decree justifying his disappearance.
In the document, the grievances developed by the government do not correspond, according to several officials, to the real actions of the collective.
They denounce a "political dissolution".
The announcement of the collective's dissolution is not really surprising.
The CCIF has been in the government's sights since mid-October.
After the Conflans-Sainte-Honorine (Yvelines) attack, which cost the life of Professor Samuel Paty, the executive had promised to dissolve 51 associations, including the CCIF.
If certain personalities and members of the majority had then tried to make a direct link between the drama and the association, it is for his role of “political dispensary” that Gérald Darmanin then wanted to see the organization disappear.
Faced with this threat, the CCIF had decided last Friday to take the lead and to self-dissolve, ensuring that the action taken against it became "irrelevant", according to a final press release published on their site.
A vain contradictory
The story could have stopped there.
But despite this initiative, the government dissolved Wednesday in the Council of Ministers (CCIF), to put an end to this affair, in the words of Gabriel Attal, the spokesman of the government.
To be able to do so, the government therefore had to give reasons for its decision, as required by the procedure.
"When the Minister of the Interior wishes to pronounce the dissolution of an association, if he considers that there are facts which are capable of justifying it, he will qualify them legally, and say for example, this fact it is provocation to racial hatred ”, underlines to the Parisian Raphaël Matta-Duvignau, lecturer in public law (UVSQ Paris-Saclay).
And to recall that a single fact cannot justify a dissolution: “we need a repetition of facts of this type.
Racial hatred, separatism, or threats… etc.
".
Far from being automatic, the decision is subject to an adversarial debate: the incriminated association can defend itself and respond to accusations.
What the CCIF did, without success.
“We observe, here, that the contradictory has been respected since the association has presented its observations on several occasions.
So concretely, a plea based on the violation of the adversarial proceedings and the rights of the defense could not, a priori, prosper ”, continues the professor.
A critique of "measures taken with the aim of preventing terrorist actions"
Result: a decree published on December 2, four pages long.
In the document, the administration accuses the CCIF of having described as “Islamophobic” “measures taken with the aim of preventing terrorist actions and of preventing or combating acts punishable by law”.
A position that requires looking at the CCIF "as sharing, endorsing and helping to propagate such ideas, at the risk of provoking, in return, acts of hatred of violence or discrimination or of creating the breeding ground for violent actions in some of his supporters ”, according to this decree.
In accordance with the instructions of the President of the Republic, the #CCIF was dissolved in the Council of Ministers.
For several years, the CCIF has consistently carried out Islamist propaganda action, as detailed in the decree that I presented to the Council of Ministers.
👇 pic.twitter.com/W0SiDzORs4
- Gérald DARMANIN (@GDarmanin) December 2, 2020
He also considers that the CCIF behaves in such a way as to "provoke terrorist acts in France or abroad", terrorist acts that the members of the collective "would relativize or refuse" to condemn, and in particular those "perpetrated by Mohamed Merah , Mehdi Nemmouche in Toulouse, Mehdi Nemmouche at the Jewish Museum in Brussels and the attack perpetrated in Saint-Quentin-Fallavier or that of Conflans-Sainte-Honorine ”, we can still read.
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In another passage, he assures us that those in charge of the CCIF are "supporters of a radical approach to the Muslim religion that could be qualified as Islamism", and that they have, for some, "relations with certain members of the jihadist movement or having fought in Syria ”.
Finally, he criticizes the presence of the CCIF at non-mixed demonstrations or the lack of moderation of comments on its social networks.
For the Council of State to judge the "proportionality"
“The minister takes the facts one by one and gives them a legal qualification.
These are the factual grounds on which the decision is based.
It will ultimately be on this point that the Council of State will have to say whether these facts are sufficient to justify and legitimize the measure, and especially its proportionality.
Here we enter into the well-known articulation of jurists between public order and respect for freedoms.
The Council of State will then have to carry out a sort of
balance,
”explains Raphaël Matta-Duvignau.
Because if on the form the procedure which led to the drafting of this decree is thus respected, on the bottom, many are those not at all to recognize this portrait of the organization, and denounce a "political decision".
Like Christophe Naudin, history professor and survivor of the terrorist attack on the Bataclan on November 13, 2015.
Short thread on the dissolution of #CCIF and #barakacity.
I write it in my book, they are not political friends.
We do not have the same way of defining or combating Islamophobia.
I do not like their ambiguities which I will not detail here.
1.
- Naudin Christophe (@NaudinChristoph) December 3, 2020
"If the length of the decree of dissolution can be misleading, its reading attests that the grievances of the public authorities are above all political when they are not limited to reporting statements by third parties", writes this Friday the League of rights of the man in a press release, which said he feared an “attack on the rule of law”.
No conviction
Suspected by some of acquaintances with the Muslim Brotherhood and of wanting to develop a "political Islam", the CCIF regularly defends itself against these accusations and presents itself as an "association for the defense of human rights whose mission is to combat Islamophobia" .
As such, it publishes an annual report on Islamophobia in France.
The collective is not new, and its actions have been known for years.
Why dissolve it today?
“It is the emotion aroused by the Conflans attack that justified this decision.
[…] These associations are monitored, but often it is a small drop that breaks the camel's back, ”says Raphaël Matta-Duvignau.
A question all the more delicate as the CCIF has never been the subject of condemnations, as the lawyer of the collective, Me Sefen Guez Guez recalls.
"It's purely political", he is alarmed to the Parisian.
He is preparing to file an appeal with the Council of State to challenge this decision.
