On December 9, police did everything to hide slogans against sexual and gender-based violence affixed to a Nice bookstore. That day, Gérald Darmanin, himself the subject of a rape charge, the dismissal of which was confirmed on appeal, was expected in town. The decision of the police, then much criticized, has just been deemed “illegal”. In orders issued on Monday and forwarded to 20 minutes, the administrative court of Nice recognizes an “attack on freedom of expression”. It condemns the State to compensate the applicants, the trade but also the writer Hélène Devynck, one of the accusers of PPDA, up to 1,000 euros each.
That winter’s day, large black curtains had been hastily unfurled to camouflage the collages installed that very morning by a collective, invited to do so by the two “feminist” managers of the business. “We see you as rapists, we believe you as victims”, “who sows impunity reaps anger” were displayed in large black letters. Another message, “Sophie we believe you”, even made direct reference to Sophie Patterson-Spatz, the accuser of the Minister of the Interior who wants to appeal to the Court of Cassation. The word “Impunity” also overhung piles of Hélène Devynck’s book, received a few days earlier for signature in the Les Parleuses bookstore. Editions du Seuil, which publishes the book, are also associated with the procedure but the decision of the court concerning them was not immediately known.
“The reality of this threat is not established”
In its observations sent to the court, the Ministry of the Interior considered that these inscriptions were likely to create disturbances to public order. “The reality of this threat has not been established,” ruled the court, which ruled in the context of a summary provision procedure. It also specifies that “if the posters in question were defamatory and were likely to constitute a criminal offence, it was up to anyone who considered themselves defamed to file a complaint”. It was not the case.
“In this decision, it is noted very clearly that the action was illegal and that it violated our freedom of expression. It’s symbolic,” rejoiced with 20 minutes Maud Pouyé, who manages the bookstore with her partner Anouk Aubert. And this is only a first victory for them. They should also maintain another lawsuit, on the fund.