“Lives disrupted: the disproportionate impact of the state of emergency in France.” By the way, the report published Thursday, February 4 by Amnesty International sets the tone. Since the declaration of a state of emergency after the events of November 13, searches and house arrests have multiplied to prevent terrorists from striking again on French soil.
But the very form of these measures, the timeliness with which they are conducted, carry with them the risk of excessive and multiple approximations. This is what emerges from the report forty pages, in which Amnesty International examines the impact on the daily lives of people affected by these measures.
From the testimony of men and women searched or witnessed these scenes but also people under house arrest, the NGO questions the “necessity and proportionality” of these measures. The document’s authors point especially a series of malfunctions.
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The “formulaic” to raid
After consulting the search orders signed by prefects, Amnesty International refers first of “short documents containing little information.” The report highlights the recurrence of “formulaic”. The “threat to security and public order that had the owner or the occupants of the search objects” or “the possibility that weapons or those suspected of criminal offenses could be hidden” back regularly. Without further precision.
The logical consequence of the reasons given by the security forces during these operations were often sketchy.
Amnesty International, emergency measures may be similar “to discrimination against specific groups, especially Muslims, on the basis of their religion or belief.” This is the case of this man domiciled in the Nord-Pas-de-Calais, converted to Islam two years earlier, which was visited by the police on December 1 at 4 am.
“They said that my behavior was a threat to public order and security, he testifies. I think they came because of the gossip of the neighbors. Police also copied all the data from my hard drive and phone my two children [10 and 16] who were there at the time of the search. ”
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Raids in Strasbourg in the district of Neudorf, on 16 November.
REUTERS / Vincent Kessler
“Serious crime allegations”, “little evidence”
The computer data entry, heart the fight against Daech, is in itself a real issue. “in many cases, the report says, the police copied the data stored on computers and other electronic devices that she found on the premises. How the authorities will operate or maintain this data is unknown. “It refers to the nebulous nature of the initiated procedures.
This is also true for house arrest.” The authorities have made serious allegations crime for (the) justify, providing little evidence to support these accusations “, say the authors of the document. the NGOs suspect that these decisions have been taken” on the basis of information which the intelligence had access, but have not been fully disclosed to those affected by the measure. “
A scenario as regards radicalization of Muslims suspected that environmental activists which was imputed participation in violent protests in the past, and house arrest during the COP 21.
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excessive use of force
more generally, respondents have often denounced the excessive use of force, causing multiple injuries . “Police forced entry doors and other damage caused various materials during searches, he has explained. She sometimes handcuffed occupants raided premises pointed guns at them.”
The results of these operations also pose questions. “The Paris prosecutor told the media that the searches had resulted in the opening of 25 criminal investigations for terrorism-related offenses under French criminal law. However, 21 of these inquiries were related to offenses defined according to the french law as ‘glorification of terrorism’, a concept whose definition raises questions of legality and compliance with international law and related standards on freedom of expression. ”
All of which leads to the conclusion that the NGO “the vague wording of the emergency measures and the absence of prior judicial authorization resulted in excessive application, exceeding the strict proportionality required by situation”.
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