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IMMIGRATION

Frenchman cleared of charges for aiding migrants

A French court on Wednesday scrapped all charges against a man who helped migrants enter the country illegally, the final chapter in a groundbreaking case that defined so-called "crimes of solidarity".

Frenchman cleared of charges for aiding migrants
Lyon's Court of Appeal acquitted Cédric Herrou over helping migrants cross Alps. Photo: AFP

Cedric Herrou, an olive farmer in southern France who helped about 200 migrants cross the border from Italy, was given a four-month suspended sentence in August 2017.

He had brought the destitute migrants home and set up a camp for them. He was also convicted of sheltering some 50 Eritreans in a disused railway building.

READ MORE: 'Heroic' farmer faces prison for helping migrants into France

France's Constitutional Council later said Herrou's actions were not a crime under the “principle of fraternity” as enshrined in France's motto “Liberty, Egality, Fraternity.”

The council, which evaluates the validity of French laws, ruled that people cannot be prosecuted for “crimes of solidarity”.

In December 2018, the Cour de Cassation – France's court of final appeal – overturned Herrou's conviction and sent the case back to the appeals court in the city of Lyon which on Wednesday voided all charges.

“Reason and the law has triumphed,” said Sabrina Goldman, a lawyer on the case.

“Why focus on someone who did nothing but help? How can what he did be regarded as anything other than a humanitarian act?”

Rights body Amnesty International said the ruling will have implications throughout Europe for the criminalisation of “acts of solidarity”.

“Cedric Herrou did nothing wrong, he simply showed compassion towards people abandoned in dire conditions by European states,” Amnesty's Rym Khadhraoui said in a statement.

“Whilst it is a relief that Cedric Herrou's ordeal is now over, he should never have been charged in the first place.”

French law should now be amended to ensure only people smuggling, which entails a material benefit, is regarded as an offence, and not humanitarian assistance, Khadhraoui added.

Member comments

  1. Another anarchist let off the hook! The migrants he helped illegally were not escaping from a war zone and did not require any ‘humanitarian’ assistance. They are merely economic migrants, and there are legal ways of getting into France and working here. We all have done it. I have done it.

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IMMIGRATION

France ‘will not welcome migrants’ from Lampedusa: interior minister

France "will not welcome migrants" from the island, Gérald Darmanin has insisted

France 'will not welcome migrants' from Lampedusa: interior minister

France will not welcome any migrants coming from Italy’s Lampedusa, interior minister Gérald Darmanin has said after the Mediterranean island saw record numbers of arrivals.

Some 8,500 people arrived on Lampedusa on 199 boats between Monday and Wednesday last week, according to the UN’s International Organisation for
Migration, prompting European Commission president Ursula von der Leyen to travel there Sunday to announce an emergency action plan.

According to Darmanin, Paris told Italy it was “ready to help them return people to countries with which we have good diplomatic relations”, giving the
example of Ivory Coast and Senegal.

But France “will not welcome migrants” from the island, he said, speaking on French television on Tuesday evening.

Italian Prime Minister Giorgia Meloni has called on Italy’s EU partners to share more of the responsibility.

The recent arrivals on Lampedusa equal more than the whole population of the tiny Italian island.

The mass movement has stoked the immigration debate in France, where political parties in the country’s hung parliament are wrangling over a draft law governing new arrivals.

France is expected to face a call from Pope Francis for greater tolerance towards migrants later this week during a high-profile visit to Mediterranean city Marseille, where the pontiff will meet President Emmanuel Macron and celebrate mass before tens of thousands in a stadium.

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