Summing up, Friday, February 26, the record of consecutive referrals to the state of emergency, Jacques Toubon, advocate, reiterated his prejudices and criticism against the state of emergency, introduced after the attacks in Paris and Saint-Denis, which will be extended until May 26 “We need to find reason in our behaviors” , defended Mr. Toubon, who, on the basis of 73 complaints it has received, a number of recommendations.
So, he calls “adapt the search terms to the real danger of the persons involved” . “Is it necessary to intervene at night, forcing the doors to be hooded or thirteen? “ questioned Mr. Toubon, while lashings reported ” unethical behavior of police “ ” Cris, insults, taunting about religious practice searched, lack of attention towards children present, “ or ” inappropriate and handcuffing robberies, malicious damage “.
rights defender also recommended that the Minister of the interior takes a circular to provide “instructions to the security forces of systematically restore the search warrant to the person concerned” and a backgrounder on “the law on compensation doors breakage resulting damage”
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Develop assignments
About subpoenas, Jacques Toubon would include that people can “seek development conditions,” including pointing obligations under their professional or academic requirements, and that the authorities are vigilant to the risk of “slanderous denunciations” .
in fact, “in more than 10% of claims related to administrative searches received by the advocate, the claimants allege ” reported “ mistakenly by a neighbor, a former colleague malicious or former spouse” .
Mr. Toubon emphasized climate “deleterious” that may arise indirectly from the state of emergency, citing, in turn, feelings of “sidelining” felt by many claimants, a person dismissed for “beards” or veiled women who are denied access to a police station and a college.
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Risk of “indefinite extension”
especially, in the continuity of the fears expressed in an interview with World M. Toubon said that the “There is a risk of an indefinite extension of the state of exception”, under both pieces of legislation in preparation.
So, it identifies a “tariff cuts” through the transcription of a state of emergency in the Constitution – examined by the Senate from March 16 – and the draft law on criminal procedure, discussed in national Assembly from 1 st of March.
“the constitutional amendment will allow to further restrictive measures of freedom” by “slip administrative police powers” related to the state of emergency to the ordinary law. Mr. Toubon sees in harm to Article 66 of the Constitution, which makes the judiciary the guardian of individual freedom.
The constitutional review project plans eg administrative deductions during search or identity checks without proof of special circumstances.
the Defender also warned that computer data seized during administrative searches, censured by the constitutional Council last week because it lacked the procedural safeguards of the common law, could now be carried out, in favor of this constitutional revision
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Small reminder to the Minister of justice
shaped advised wink, Mr. Toubon cited Jean-Jacques Urvoas when, before be promoted to minister of justice, he invited him to ensure that “the greedy procedures permitted by the state of emergency does not come to devour the common law liberties’ .
Finally, the Defender of rights was concerned the bill on criminal procedure, the examination starts at the Assembly on 1 st of March. It “part of the common law provisions which, from the point of view of safeguards freedoms are acceptable if they are temporary and exceptional. But if they are entered in the common law, it is a lowering of the rule of law “.
” It’s a matter of political and legal philosophy ” repeated Jacques Toubon, inviting members to reflect on the “undermining the rule of law” during the examination of texts. “We are entering a zone of uncertainty” said Mr. Toubon, who is forbidden to wear “convictions” but the simple defense of law “the skeleton and flesh of the Republic” .
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