French courts face touchy take a look at: Is helping migrants a crime?


A French court docket is to rule Thursday on whether or not to convict a mountain information of helping migrants enter the nation illegally — the most recent case that’s testing France’s “principle of fraternity” permitting humanitarian support for irregular migrants.

The circumstances have centered on the Alps, the place migrants traverse snowy passes between Italy and France, many ill-equipped for the chilly. Each yr some die of hypothermia.

Pierre Mumber, a 55-year-old ski teacher and member of migrant rights group Tous Migrants, got here throughout a number of West African migrants in January 2018 as he hiked by way of the Montgenèvre cross in quest of folks needing assist.

Mumber argues he was giving authorized humanitarian help. Tous Migrants co-president Michel Rousseau mentioned Mumber was bringing heat garments and drinks to migrants when he was arrested. Mumber’s lawyer, Philippe Chaudron, has argued that his shopper helped them on French soil.

A court docket within the metropolis of Gap convicted Mumber earlier this yr for “aiding the irregular entry of foreigners,” giving him a three-month suspended sentence. It pointed to the truth that his cellphone alerts bounced off the Italian aspect as proof that Mumber had illegally helped them cross the border.

His lawyer says the prosecutor had inadequate proof and appealed, and the regional appeals court docket in Grenoble is handing down its verdict Thursday. Lawyer Chaudon argues that within the Alps, cellphone alerts and ski slopes typically straddle each side of the border.

“My client is reproached for going back and forth between the two countries, but he is a ski instructor and the slopes of Montgenèvre cross into Italy,” Chaudon instructed The Associated Press.

Between 1,500 and a pair of,000 migrants tried to illegally cross the border between France and Italy throughout a three-month interval that winter, fueling each humanitarian efforts to assist them and calls by nationalist politicians for a crackdown. It’s a part of a Europe-wide migrant problem, since each international locations are a part of the European Union’s border-free journey zone.

The case is one in every of a number of that has examined how the French judiciary handles residents offering support to migrants since France’s Constitutional Council upheld the “principle of fraternity” in 2018.

That ruling got here after the high-profile case of farmer Cedric Herrou, who housed some 200 migrants within the Alps’ Roya valley and helped them journey inside France. He was convicted in 2017 of helping migrants illegally cross the border.

EU guidelines criminalize those that assist migrants with out the right documentation from crossing into or transit by way of member states, in addition to those that home migrants for monetary acquire. Some international locations have extra stringent restrictions; Denmark, as an illustration, has prosecuted tons of of its residents for giving migrants meals or a raise. Germany and Switzerland have additionally seen related court docket circumstances.

France used to ban people from giving migrants free housing or transportation on French soil. The Constitutional Council, nevertheless, dominated that France’s motto of “Liberty, Equality, Fraternity” offers residents freedom “to assist others for a humanitarian purpose,” even when they’re within the nation illegally. The determination, codified in French regulation in September 2018, excludes from punishment any one who helps migrants with a humanitarian objective with out compensation.

Fewer circumstances involving migrant help have wound up in French courts since then, Chaudon mentioned. Still, prosecutions have continued — notably in areas alongside the Italian and Spanish borders.

Rousseau of Tous Migrants mentioned lingering ambiguities over what constitutes a “humanitarian goal” and compensation beneath the regulation “opens the door to any interpretation.”

Lola Schulmann of Amnesty International in France mentioned a court docket determination to disclaim Mumber’s enchantment might dissuade benevolent residents who wish to save migrants’ lives, notably as winter units in.

“These people should not find themselves in front of a court; they should be encouraged and celebrated,” she instructed The AP.


Parker reported from Paris. Jan Olsen in Copenhagen, Jamey Keaten in Geneva and Frank Jordans in Berlin contributed.



Please enter your comment!
Please enter your name here