21662 - The prospective of the decision no 2015-492 QPC of the Constitutional Council

N. Lygeros
Translated from the Greek by Vicky Baklessi

The Constitutional Council was called in by the Cassation Court for a priority issue of constitutionality raised by the Rwandan Community Association in France concerning the rights and freedoms guaranteed by the Constitution of the provisions of the fifth paragraph of Article 48-2 of the Law of 29 July 1881. The Association argued infringement on the principal of equality. Finally on October 16th 2015, the Constitutional Council declared contrary towards the Constitution the words “of crimes of war, of crimes against Humanity or” which appear in the article 48-2 of the law of July 29th 1881 with regards to the liberty of the press. This decision represents a key point in the domain. The approach of the Rwandan Community Association in France is even more remarkable, since it doesn’t represent only an end to this but a real opening for the defenders of other genocides and crimes against Humanity. Because this abrogation permits to put in place a more universal strategy against deniers of all shades. Indeed this law as it was created by its primary effect, an asymmetry and consequently a discrimination. This comes to reframe the struggle of recognition and overall the process of reparation. Because the latter may be blocked by the same juridical area. In addition it makes evident another point to the knowledge of visualization in the strategy area of enemies better camouflaged than the simple deniers of bad quality. So an intrinsic difficulty in highlighted and this constitutes on its own a contribution. The exploitation now depends on us in order to modify certain approaches that are without meaning because they do not result to any tangible result. It no longer suffices to act simply to speak, but to achieve a change of phase within the struggle of the rights’ defenders and this requires strategy which shouldn’t be confined within a restrictive framework.