Grand Paris Express: two environmental activists tried for an action against line 18 in Saclay
Through Augustin Delaporte
Published on
On Friday October 15, 2021, between 11 a.m. and 1 p.m., activists Api and Léo had climbed the crane of a construction site of Saclay (Essone) located near the ENS Paris-Saclay campus, before unrolling a banner on its spire: “SOS Stop à la L18”.
At the same time, a third mediator on the ground. The militant action had finally been stopped by the intervention of the police, without the slightest resistance.
Api and Léo were then prosecuted for “opposition, by assault or violence, to the execution of public works or public utility”. A misdemeanor punishable byone year’s imprisonment and a fine of 15,000 euros.
Originally scheduled for April 2022, the trial had been adjourned to Friday, January 13, 2023. In the meantime, the private company is said to have set thefinancial impact of the incident at 12,600 euros.
We do not judge your opinions.
After a presentation by Api on his motivations and those of the collective against line 18 of the Grand Paris Expresswho hopes in particular to abandon the construction of its western section, the representative of the public prosecutor resituates the debate, Friday 13, in the cozy atmosphere of the twelfth room of the judicial court of Évry.
Yes the Saclay plateaustraddling the departments of Essonne and Yvelines, and about twenty kilometers south of Parisis the closest agricultural area to the capital and has quality land.
And yes, too line 18 should cross farmers’ fields. “The arrival of line 18, its extension, is a real debate. But our role (to the magistrates, editor’s note) is not to play politics. We focus on living well together, and on knowing whether there has been an offense or not, ”continues the prosecution.
Two months in prison with a simple reprieve required
But, while encouraging the two defendants to “continue their actions, but without committing an offence”, the prosecutor proceeds with her argument.
According to her, the material element of “the opposition” (element of prevention, summarized in full above) is obvious, this is the banner.
An opposition which would therefore have involved “the execution of public works”, since the text brandished directly evoke the works of line 18always according to the public ministry.
As for the last part of the prevention, the fact of having entered private property and having used a crane (private, too) are assaults.
In view of blank lockers of the two respondents, among others, the prosecutor finally recommends in her submissions a sentence of two months in prison fully accompanied by a simple reprieve. As a warning.
Defense attorney pleads for release
“I have a slight disagreement with the representative of the public prosecutor on the qualification of the facts, since in the text, in an ‘opposition to the execution of public works’ there must be a physical link between the proper conduct of public works and the assault “, underlines the defense entry.
So there is a catch since the militant action took place on the construction site of a private companywho did not bring a civil action (despite the fact that the case has been going on for more than fifteen months) and has nothing to do.
The idea was toalert ENS Paris-Saclay studentsnot to hinder (at least physically) the work of line 18. And the site is that of a worship and religious center, and not of public works.
” L’opposition is intellectual, but there were no physical obstacles. This is why I am pleading for pure and simple release, ”adds the lawyer for the activists.
The world’s population is up against the wall.
And to continue: “And if you were to enter the process of conviction, I plead the state of necessity. You heard it in his presentation, the world population is up against the wall”.
state of necessity
It is a justifying fact in the same way as self-defence, impunity being explained by reason of objective circumstances justifying the commission of an act which, outside such a context, would be punishable. (Source: Dalloz)
“To conclude, I wanted to emphasize that it would be harmful to condemn young people, committed, who wanted to awaken the consciences of students, and who acted without violence. If you were to condemn them, I request a waiver “.
As a reminder, an exemption from sentence was granted in particular in a relatively close case and concerning activists from the environmental collective Last Renovation.
Final response in 12 days, the court put the case under advisement on Wednesday, January 25, 2023.
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