Toulouse. TGV blocked, airport tarmac invaded… Activists for the disabled cause demand release
By Maxence Dourlen
Published on
“All that’s missing is the red carpet! “Arriving before the Court of Appeal of Toulouse this Thursday, June 30, 2022, Odile Maurinmunicipal councilor and figure of the disabled cause, could not hide her “joy” at the sight of the access ramp specially installed for the occasion.
“It’s a 9/10”, she quipped in reference to the trial at first instance which had been agitated in March 2021, in particular because of the alleged shortcomings concerning accessibility for people with disabilities.
“We are not guilty”
Sentenced for invading the tracks of theToulouse Blagnac Airport (Air traffic had been interrupted for 1 hour, impacting nearly 2,000 passengers), but also the SNCF tracks at the Matabiau station in 2018, with all the actors in this trial finding themselves before the appeal court.
The sentences (from €750 suspended to 6 months suspended prison sentence) were contested by the 16 activists protesting against the Elan law and defending the cause of disabled people. On the subject of this call, all the activists remained unanimous: “We are not guilty”. The need to take this action was notably put forward.
A lack of clarity in the texts according to the defense
Arie Alimi, lawyer of the Paris bar, first spoke to argue a lack of clarity in the texts of the procedure. The term “obstructing” the movement of aircraft and trains was particularly singled out. “There is a lack of precision on the part of the rewarded”, was surprised the defense. There would be a lack of precision on the legal texts (articles L.6372-4 and L.2242-4 transport code) according to Mr. Alimi who wishes a referral to the Court of Cassation.
“These two texts are not adapted to the Constitution. They are not precise enough and do not meet the constitutional guarantees of rights and freedoms. »
An argument swept away by the Advocate General who sees “no ambiguity in the terms”. The Court of Appeal upheld the judgment appealed from.
Odile Maurin’s second call returned
While it was also to take place this Thursday, June 30, 2022, Odile Maurin’s second appeal was postponed to the next day. The two witnesses being unable to stay the same day or appear on Friday, Odile Maurin will appear alone before the Court of Appeal on Friday at 8:30 a.m. “It becomes unbearable psychologically”, annoyed the municipal councilor of Toulouse. As a reminder, Odile Maurin had been sentenced at first instance for violence committed with her rolling over police officers, during a demonstration of yellow vests in March 2019. A one-year ban on demonstration with provisional execution and two months of suspended prison sentence were pronounced by the criminal court.
The claims at the heart of the appeal
The testimonies followed one another in the heart of the afternoon in order to support the claims of the Handi-Social association. The difficulties encountered on a daily basis by people with disabilities have long been mentioned by all those sentenced at first instance. Not without great emotion.
“Either we fight or we die…”
“We are fighting for the law to be applied and today we are back in court…”, was moved by a thirty-year-old particularly affected by the situation. In addition to tortious fault, which was never disputed during the hearing, it was above all collective claims that were mentioned.
” This action ? A necessity… “
When it comes to discussing the offenses – invasion of the tarmac at Toulouse-Blagnac airport and blocking of a track at Matabiau station – all those implicated put forward the same argument: “This invasion was intended to be heard, not to block traffic”.
“If nothing changes in this country, I will continue to carry out actions! »
“I can’t say that I was happy to do this action, it was a necessity”, says one of them. “It is only with punch operations that we can advance our rights,” added the president of the Handi-Social association. Faced with wide open gates and a priori failing security, all agree that they were carried away by the scope of their political message. “We don’t want to reach the slopes”, they experiment. A location scouting was still carried out beforehand.
“The law is the same for all”
Following the intervention of the various civil parties – who request the maintenance of the judgment rendered at first instance and question the state of necessity – the public prosecutor, represented by the general counsel, recalled the fundamental aspect of the question disability in France.
“This situation, which is difficult and which you have exposed throughout the day, should in no way justify an offense. The law is applicable to everyone. Of course, there is nothing dramatic, but if we do not act, it would mean that you could start again. The action at the airport was still dangerous…”
In addition, the public prosecutor highlighted the fact that it is very difficult to estimate the damage suffered by the hundreds of travelers affected by these actions.
A tense end to the hearing
The Advocate General requested a “symbolic sanction, which would be more than enough” and recommended that the judgment at first instance be maintained. “Suspended financial fines would be the best solution for all the defendants, except for Mr. Maurin, for whom a suspended prison sentence is justified in particular so that these facts are not reproduced. »
The judgment was reserved on October 27 after some tense discussions at the end of the hearing.
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