E/CN.4/1996/72/Add.3
page 46
Act of 13 July 1990 extended that possibility to associations which propose
"to assist victims of discrimination based on their national, ethnic, racial
or religious origin". This text covers the offences provided for by the last
paragraph of article 24, article 32, paragraph 2, and article 33, paragraph 2,
i.e. incitement to discrimination, hatred or violence, defamation or insults
of a racial character.
The creation of the new offence of contesting crimes against humanity in
article 24 bis has led the legislature to insert an article 48-2 in the Press
Act permitting the rights granted to the claimant for criminal indemnification
to be exercised by "any association regularly declared for at least five years
as at the date of the events and proposing under its statutes to defend the
moral interests and honour of the Resistance or deportees". This text relates
to the questioning of crimes against humanity (art. 24
bis ), but also
"advocacy of war crimes, crimes against humanity or crimes or offences of
collaboration with the enemy", punishable under article 24, paragraph 3.
Any association regularly declared for at least five years as at the
date of the events and proposing under its statutes to combat racism or to
assist victims of racist offences may exercise the rights granted to the
claimant for criminal indemnification in respect of discriminatory acts
provided for by articles 225-2 and 432-7 of the new Penal Code and attacks on
persons or property constituting offences under articles 221-1 to 221-4, 222-1
to 222-18 and 322-1 to 322-13 of the new Penal Code which have been committed
to the detriment of a person on account of his national origin or membership
or non-membership of a particular ethnic group, race or religion (art. 2-1
of the Code of Criminal Procedure, as worded on the basis of Act No. 85-10
of 3 January 1985).
In addition, pursuant to article 48-1 of the Act on Freedom of the Press
of 29 July 1881, such associations may exercise the rights granted to the
claimant for criminal indemnification in respect of the offences of incitement
to hatred and racial discrimination, racial defamation or insults, subject, in
the case of offences committed against persons treated individually, to the
consent of the latter.
The associations may therefore formally notify the Government
Procurator's Office of the existence of an offence and even institute criminal
proceedings directly by means of a summons or by filing a claim for criminal
indemnification with the examining magistrate. However, to ensure greater
consistency as far as penalties are concerned and to avoid procedural
disputes, the associations are advised to act with discernment and in close
consultation with the Government Procurator having jurisdiction.
Right of reply instituted for the benefit of associations
Article 13 of the Press Act accords a right of reply "to any person
named or designated in a daily newspaper or periodical". Jurisprudence admits
this right as being granted both to corporate bodies and to private
individuals. Therefore, if associations meeting the conditions provided for
by articles 48-1 or 48-2 are defamed personally, they are naturally able to
exercise their right of reply.