EGMR: Forthcoming judgment on Tuesday 10 November 2015 – M’Bala v. France (no. 25239/13)

von Dr. Georg Neureither

The applicant, Dieudonné M’Bala, is a French national, who was born in 1966 and lives in Paris (France). He is a comedian known by the stage name “Dieudonné”. He has also engaged in political activities. On 26 December 2008 Dieudonné M’Bala put on a performance at the “Zénith” in Paris in the context of a show entitled “J’ai fait l’con” (“I’ve been a naughty boy”). At the end of the show he invited Robert Faurisson, an academic who has received a number of convictions in France for his negationist and revisionist opinions, mainly his denial of the existence of gas chambers in concentration camps, to join him on stage.

Dieudonné M’Bala then got an actor wearing what was described as a “garment of light”, in fact a pair of striped pyjamas reminiscent of the clothing worn by Jewish deportees, on which was sewn a yellow star bearing the word “Jew”, to present Mr Faurisson with the “prize for unfrequentability and insolence”. The prize took the form of a threebranch candelabra (the seven-branch candelabra being an emblem of the Jewish religion), with three apples on top.

The incident was recorded by the police. On 29 December 2008 a preliminary investigation was opened. On 27 March 2009 the public prosecutor summoned Dieudonné M’Bala to appear before the Paris tribunal de grande instance for public insults directed at a person or group of persons on account of their origin or of belonging, or not belonging, to a given ethnic community, nation, race or religion, specifically in this case persons of Jewish origin or faith, by one of the means provided for in section 23 of the Law of 29 July 1881 on freedom of the press.

On 27 October 2009 the Paris court found Dieudonné M’Bala guilty on the charges and sentenced him to a fine of 10,000 €, awarding a token euro in damages to each civil party ...

Zum vollständigen Artikel

Cookies helfen bei der Bereitstellung unserer Dienste. Durch die Nutzung erklären Sie sich mit der Cookie-Setzung einverstanden. Mehr OK