Cédric Herrou, January 4, 2017 in front of the Nice courthouse – F. Binacchi / ANP / 20 Minutes
- The general prosecutor’s office of Lyon had lodged an appeal in cassation after the release of the activist, figure of aid to migrants in France.
- A procedure experienced as a “relentlessness” by the farmer, prosecuted for having conveyed around 200 undocumented migrants from the Italian border to his home.
- In 2018, the Constitutional Council enshrined “the freedom to help others, for humanitarian purposes, regardless of the legality of their stay on national territory”.
“Solidarity will no longer be a crime. “It is with these words that the farmer of the Roya valley Cédric Herrou, who has become one of the figures of aid to migrants in France, welcomed his final release” after eleven police custody, five searches, five trials and five years of struggle ”. According to a decision that 20 minutes was able to consult, the Court of Cassation thus decided on Wednesday to reject the appeal formed by the general prosecutor’s office of Lyon, putting an end to several years of proceedings.
The activist from the Alpes-Maritimes was prosecuted for having conveyed in 2016 about 200 undocumented migrants, mostly Eritreans and Sudanese, from the Italian border to his home, then for having organized with associations a reception camp on a former unoccupied SNCF holiday center.
Sentenced to a fine at first instance, then to four months in prison on appeal in 2017, he then benefited from a historic decision of the Constitutional Council which in July 2018 enshrined “the freedom to help others, for humanitarian purposes, without consideration the legality of his stay in the national territory ”.
“Relentlessness”
The Court of Cassation quashed his conviction and returned the case to Lyon, where he was released on May 13, 2020. The general prosecutor’s office then formed an appeal in cassation, experienced as a “relentlessness” by the farmer and his supporters.
The Advocate General considered that the court had not “explained” on elements showing that Cédric Herrou had “knowingly” removed the people he was transporting from police checks, which may “contradict a purely humanitarian purpose”.
An appeal finally rejected on Wednesday. “This is good news for Herrou. As expected, the Court of Cassation considers that the means of cassation presented are not serious and rejects the appeal of the general prosecutor’s office: the release of Cédric Herrou is therefore final ”, explained to 20 minutes Me Zia Oloumi, one of his lawyers.