Rémy Rugira
Le tribunal judiciaire de Paris a relaxé vendredi la journaliste Natacha Polony qui était poursuivie par plusieurs associations pour contestation du génocide des Tutsis au Rwanda (en 1994), une première en France.
Voir dans ses paroles une contestation de l’existence du génocide résulte « d’une extrapolation des propos en cause », a estimé le tribunal. Depuis 2017, la loi sur la liberté de la presse punit le fait de nier, minorer ou banaliser de façon outrancière tous les génocides reconnus par la France et pas seulement celui des Juifs pendant la Seconde guerre mondiale.
Vif émoi après ses propos, en mars 2018 La journaliste de 47 ans était poursuivie pour des propos tenus le 18 mars 2018 sur France Inter. La directrice de la rédaction de l’hebdomadaire Marianne avait alors évoqué le génocide au Rwanda en estimant « nécessaire de regarder en face ce qui s’est passé à ce moment-là et qui n’a rien finalement d’une distinction entre des méchants et des gentils ». « Malheureusement, on est typiquement dans le genre de cas où on avait des salauds face à d’autres salauds (…) Il n’y avait pas d’un côté les gentils et de l’autre les méchants dans cette histoire », avait-elle ajouté.
Ces propos avaient suscité un vif émoi et poussé l’association de soutien aux victimes du génocide rwandais Ibuka France à porter plainte avec constitution de partie civile.
Le Mrap et la Communauté rwandaise de France l’ont rejointe sur le banc des parties civiles.
Des mots « maladroits » mais pas de négationnisme: selon le tribunal, « ses propos, qu’elle n’a pas eu l’occasion d’expliquer (…) et qui sont immédiatement suivis de l’affirmation (…) de manière claire de l’existence du génocide, ne peuvent être analysés isolément, sans considération de ceux auxquels ils s’appliquaient et des dénégations faites par la prévenue quant à l’intention qui lui est prêtée ».
Lors de l’audience, les 1er et 2 mars, Natacha Polony avait expliqué que par les termes « salauds », elle se référait aux dirigeants, non à la population, et aux « crimes du Front patriotique Rwandais (FPR, majoritairement Tutsi) de Paul Kagame commis avant, pendant et après le génocide ».
Le ministère public avait qualifié les propos de la chroniqueuse de « mots maladroits » mais n’y avait vu
« aucun négationnisme ».
Bonne nouvelle?
La justice a rendu ce 20 mai 2022, une décision exemplaire.
On a heureusement le droit d’évoquer les exactions commises par les armées du FPR avant , pendant et après le génocide des tutsis au Rwanda sans être accusés de nier ou minimiser ce génocide.
La décision est exemplaire également car elle illustre la stratégie judicaire de certaines associations militantes qui poursuivent quiconque enquête ou s’exprime sur les actes répréhensibles commis par les troupes de Paul Kagame en instrumentalisant à des fins idéologiques la loi, par ailleurs essentielle, visant à lutter contre le négationnisme.
La décision rendue par la 17e chambre du Tribunal Judicaire de Paris démontre que l’on peut s’exprimer librement, même sur des événements aussi tragiques qu’un génocide.
La place est laissée au chercheur, à l’historien, aux journalistes pour questionner une histoire récente sans avoir égard aux préjugés. Le débat doit toujours exister.
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