E/CN.4/1996/72/Add.3 page 39 particular ethnic group, nation, race or religion or which disseminate ideas and theories designed to justify or encourage such discrimination, hatred or violence. The re-establishment of a dissolved group is punishable by correctional penalties of up to seven years' imprisonment for the group's organizers and when the group is an armed combat group (arts. 431-15 and 431-17 of the Penal Code). (b) Prohibition on the sale of racist publications to minors and on any form of publicity for such publications The Act of 31 December 1987 amended article 14 of the Act of 16 July 1949 on Publications Intended for Young Persons. It empowrs the Minister of the Interior to issue a ministerial order which prohibits offering, giving or selling to minors publications of any kind involving a danger to young persons through their emphasis on violence, discrimination or racial hatred. The ministerial order on the publication in question may also prohibit any publicity for that publication. The violation of the prohibition is punishable under criminal law by imprisonment for up to one year and/or a 25,000 franc fine. (c) Prohibition on publications in a foreign language or of foreign origin containing racist tracts Article 14 of the Act of 29 July 1881 authorizes the Minister of the Interior to issue a ministerial order to prohibit publications in a foreign language or of foreign origin and to carry out the administrative confiscation of prohibited tracts, in addition to instituting criminal proceedings. For example, the sale of the French translation of the anti-Semitic Russian work entitled “The Protocol of the Elders of Zion” was prohibited by the Ministerial Order of 25 May 1990. When done knowingly, the sale, distribution and reproduction of prohibited newspapers and tracts are punishable by up to one year in prison and/or a 30,000 franc fine. B. Interim relief proceedings in the civil courts Under article 809, paragraph 1, of the new Code of Civil Procedure, the President of the High Court may, in the event of an emergency, “prescribe the necessary measures of protection either in order to prevent imminent harm or to halt an obviously unlawful disturbance”. When an emergency case has been referred to him, the judge must take a decision immediately after having heard both parties. This decision is enforceable notwithstanding an appeal. For example, the distribution in bookstores and kiosks of a magazine questioning whether the gas chambers were

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