“We are really happy.
It's a great signal that justice sends to all committed citizens.
This means that their vigilance is taken into account.
This is very positive for all whistleblowers, who raise ecological issues and who are subject to repression.
»
This Friday at the beginning of the afternoon, Viviane, gardener from Aubervilliers, did not hide her satisfaction at the statement of the deliberation: the eight defenders of the environment were released while they were being prosecuted before the criminal court of Bobigny for being chained, on February 2, to the concrete plant at the Fort d'Aubervilliers swimming pool site.
The pool must be delivered for the 2024 Olympics in order to be used for athlete training.
The activists opposed the destruction of 4000 m² of vegetable plots, caused by the development of a solarium included in the public equipment.
Viviane had come to testify at the hearing on September 2, to explain the essential contribution of allotment gardens in fruit and vegetables and their role as islands of freshness in a city poor in green spaces.
"Resistance to useless projects requires demonstrative actions"
The Bobigny prosecution had requested a suspended fine of 2,500 euros against the activists.
They were finally acquitted of the facts of crowding, opposition to public works and organization of an undeclared demonstration.
“I am relieved, reacts “Sov”, 25, one of the eight activists prosecuted.
It's encouraging in terms of civil disobedience.
The only sentence pronounced concerns the person who refused to have his fingerprints taken and who was sentenced for this to a suspended sentence of 250 euros.
"Both the administrative judge, the civil judge and the correctional judge have in this case sanctioned the behavior of the municipality and Grand Paris Aménagement and not the behavior of the citizens involved in the defense of the allotments of Aubervilliers", greets Me Matteo Bonaglia, one of the two lawyers defending the eight protagonists.
"We hope that this decision can be used in the context of other procedures related to the repression of environmental activists", adds Me Coline Bouillon, agreeing with Viviane's point of view.
On February 2, in the early morning, around twenty activists had blocked the site of the Fort d'Aubervilliers swimming pool.
"Solarium of shame", "OJ of blood on the hands", "left and right united for a shitty town planning" had been inscribed on banners, while eight opponents attached themselves with bicycle locks to the central in concrete, before ending up in police custody.
The principle of retroactivity
Eight days later, the Paris Administrative Court of Appeal ruled in favor of the gardeners and asked the Plaine Commune territory to correct its local inter-municipal urban plan.
The city also had to file two amending permits, the last of which was validated on July 7.
Exit the restaurant, the solarium, the mineral beach and the fitness and well-being area which were to encroach on the gardens.
“The magistrates considered that the illegal nature of the work sanctioned a posteriori should benefit the activists, decrypts Me Bonaglia, to explain the release.
By virtue of the principle of retroactivity in mitius, they considered that the declaration of illegality of the work made them lose the character of public utility.
“An element that also caught the attention of Viviane:” It is precisely interesting because the resistance to useless projects passes in certain cases by demonstrative actions like that of chaining oneself in a symbolic way.
»
Dolorès, also a gardener at the Fort d'Aubervilliers, further underlines the impact of the court's judgment in the mobilizations.
"What is very important in this decision is to say that when faced with projects that destroy life and good, we can oppose and we can win," she says.
The message is very strong.
We must not think that we can do nothing, that it is lost in advance and if we enter the battle, we can win.
»