Climate emergency: a judge considers "legitimate" to get a portrait of Emmanuel Macron

It's a landmark decision. At the Lyon Criminal Court, where two climate protection activists were judged to have "won" a portrait of Emmanuel Macron in February in the city hall of the 2nd district of Lyon, the single judge invoked, on Monday, September 16th, "the state of necessity "and the" legitimate motive "to relax the two accused, prosecuted for robbery in a meeting.

The terms used by the judge are strong and unequivocal. In his decision, he acknowledged that the theft of "the object of a highly symbolic value" was well materialized. But, according to him, the reality of the climatic disturbance "seriously affects the future of the humanity", which legitimizes "other forms of participation" of the citizens, "within the framework of a duty of critical vigilance".

I PRESS RELEASE I 📣

🎊 Lyon: relaxed dropouts, the government's climate inaction

⏯️ Read the press release: https://t.co/6AiMpJotT3#DecruitMacron#RevenueTribunal pic.twitter.com/MRcoILzn79

For him, the intrusion of twenty activists in the Borough Hall has disturbed public order in a "very moderate" way. The magistrate considered that the action of the militants finally constituted a legitimate interpellation of the president of the Republic.

"The stall and unauthorized removal of this portrait for the sole purpose of defending this cause ... must be interpreted as the necessary substitute for impracticable dialogue between the President of the Republic and the people", he still indicated.

The prosecutor's office, which had demanded a 500 euros fine on 2 September against the two activists, a man and a woman aged 32 and 33, announced Monday night to have appealed the decision. "Theft is constituted and it does not solve the climatic disturbance", estimated in early September the prosecutor Rozenn Huon.

"Recognition of many years of activism"

"This is the recognition of many years of activism," greeted the young woman very moved, relaxed at the exit of the courtroom.

"This is a first and a very very good signal for us," said a spokesman for the non-violent Action-Cop21 movement to AFP, who hailed this "historic decision" as "failure to meet climate goals." of France and the legitimacy of civil disobedience actions in the face of the climate emergency ".

The activists of ANV-Cop21 were supported during their hearing by the former Minister of Housing and former National Secretary of Europe Ecology-Greens Cécile Duflot, who defended "a citizen act in the best sense of the word" .

"There are three very important things in this judgment, it is the recognition of climate inaction and real peril, the fact that one can legitimately, when one is a citizen, challenge the executive power and the President of the Republic. in other ways than by the elections, and this decision to relax, "said Cécile Duflot, Tuesday, September 17, on FranceInfo.

On Sept. 2 I testified at the trial of Fanny and Pierre, "dropouts" of portraiture. The expectations of their judgment of relaxation are a thunderclap. Justice is one of the pillars of democracy. It recognizes the Government's inaction on climate and citizen legitimacy. pic.twitter.com/iA3MDm9iff

On the other hand, for the Minister of the Ecological Transition Elisabeth Borne, questioned Tuesday on France 2, the "incivical behaviors do not deserve to be encouraged by decisions of this type".

Towards a historic turning point ?

For the lawyer and former Minister of Environment Corinne Lepage, contacted by France 24, "the climate emergency is reshuffling the cards of the law". "It's true that this is a surprising decision with a rather bold interpretation of the state of necessity, but the decision of this judge is part of a global movement that is very important.There are currently more than 1,200 climate trials around the world and everywhere, judges make decisions that challenge states that do not act. "

According to Corinne Lepage, it is "not impossible" that other judges in France are influenced by the judgment of Monday in Lyon. "Moreover, the sanctions have so far been very modest," she says.

The first trial of "dropouts" was held late May in Bourg-en-Bresse. An environmental activist had been sentenced to a stiff fine of 250 euros and five others to a suspended fine.

Two weeks later, the Strasbourg Criminal Court had released three activists who had briefly won a portrait of the head of state in a town hall in Bas-Rhin.

Last week, eight environmental activists tried in Paris defended this civil disobedience action to denounce "climate inaction" at the top of the state, invoking a "moral duty".

"We hope that the judgments of the next trials will also perceive the historic turning point that we are experiencing and recognize that this type of action is necessary to launch the alert," said Cécile Marchand, ANV spokesperson. Cop21, one of the activists pursued in Paris.

Two trials are scheduled in Mulhouse and Nancy on October 9, according to ANV-Cop21.

With AFP