The Frejus mosque (Var) escaped Friday in court demolition, despite irregularities in the building permit, which is a setback for the FN municipality opponent of this place of worship.
the leaders of the mosque were sentenced by the Criminal court of Draguignan in fines for not having undertaken the construction work early, so that the building permit had expired when they started and for failing to comply with certain provisions relating to flood risk.
however, the court has not ordered a “re-inventory” or the demolition of the building of 1,500 meters square and can accommodate 700 worshipers, whose works were completed in April 2015, as had requested the prosecutor in November.
the association El Fatah, which runs the mosque, will have to pay 60,000 euros and its president, Driss Maaroufi, was sentenced to a penalty of 15,000 euro fine. In addition, they will have to pay 7,500 euros in damages to the town of Frejus. The nearby town of Saint Raphael, who was at the origin of the criminal complaint, got a euro in damages to be paid by each defendant.
“The mosque will exist all the time, she will be open, so it’s the best thing (…) I’m glad we did (the) not destroy, “responded, smiling at the exit of the hearing, Mr. Maaroufi.
“This is a satisfactory decision in regard to freedom of worship. the main thing is sure, the faithful will be able to pray in a place worthy of worship,” continued the lawyer of the association and its president , Moab Nefati.
“This is a particularly lax judgment,” lamented his side the senator and mayor of Frejus FN David Rachline, contacted by AFP. “If it were any citizen, his house was razed,” said the National Front elected.
Mr. Rachline had already suffered a setback in November when the State Council was rated “severe and illegal interference (the) fundamental freedoms’ refusal to authorize the opening of the mosque. The prefect had to replace him for the mosque can welcome its first true end of January.
In the reasons for its judgment, the AFP was able to consult, the court rejected the Draguignan demolition application based on a review of the plan of protection of flood risk.
the judges feel they have not received sufficient information from the town of Frejus or the State to “whether or not the construction can be regularized”.
Welcoming the decision “appeasement”, a representative of the Var prefecture cited in the case, Serge Lhotellier, felt that “no (did) feel that the mosque was destroyed (…) We must look at this step as a positive step”
-. ‘I assume’ –
the court confirmed that the building permit from Frejus mosque had been issued fraudulently, and attributed the entire responsibility to the former mayor (ex-UMP), Elie Brun.
“far from seeking a solution consistent with planning documents applicable to a problem relating to the absence of decent place to worship” for Muslims, the former mayor “has, instead, chosen to consolidate El Fath Association in its “despite the risks of floods, say the judges.
” If you have a better solution to offer me, please (…) the decision is outlet. I assume. You apply it. Y sleep “, including responding in a note of 2011, the former mayor to his services who alerted on the non-compliance of the mosque project.
He received a sentence of 18 month suspended prison sentence and 100,000 euro fine for fraudulent issuing of the building permit and a ban for 5 years to exercise any public office.
the legal drama about Frejus mosque however, is not finished the administrative court has yet to rule: he awaited Friday’s decision to pursue its own procedure
02/26/2016 4:17:12 p.m. – Draguignan (AFP) -.. © 2016 AFP