The State Council issued on Thursday evening an order confirming the decision of the Administrative Court of Versailles. The request for waiver of CCTV which is subject Salah Abdeslam 24 of 24 in Fleury-Merogis, where he has been detained since April, is rejected. The hearing was held this morning.
The judges of the Court were to rule on the seriousness, urgency and manifestly unlawful the decision of 17 June the Minister of Justice to monitor day and night Salah Abdeslam. A legislative amendment specifically dedicated to the conditions of detention of Salah Abdeslam had been discreetly integrated into the law extending the state of emergency in France. The judges considered that this amendment applied to the order yet taken several months before.
“A new jurisprudence”
Frank Berton, lawyer of the detainee, the order issued by the State Council “represents a unique case, since it gives the law of 21 July 2016 retroactive.” The amendment was indeed added hastily, on the initiative of the Minister of Justice, Jean-Jacques Urvoas shortly after the decision of the Versailles Administrative Court of 15 July which rejected the request for waiver of the system set up for Salah Abdeslam .
this shows for Frank Berton “it was necessary legislation to regulate this exceptional measure for permanent CCTV on my client”.
“Neither the law authorizing this video, nor its application the applicant [Abdeslam, Ed] not [carry] a disproportionate interference with the applicant’s privacy, “said a the highest administrative court statement.
Judges of the Court included “noted that this measure was justified by the context of terrorist attacks in France and the presumption that the applicant has the support of an international terrorist organization.”
“The debate is not over,” said Frank Berton. The decision on video surveillance should be reviewed by the Office of the Minister of Justice before September 18.
“Obviously, I am confident that the device will be extended until the appearance of my client one day before a special criminal court and, in many years, “he said.
what worries the lawyer, since” never in the world such a measure, permanent and almost eternal, was taken in a democracy. ” Frank Berton and lawyer Claire Waquet State Council considering filing as from September a “priority question of constitutionality” on the legality of the video surveillance.
Master Berton promises that s’ cling “to the right, to the end, in the interest of all.”
“for it is a question that goes beyond the case of my client. These are rights man, which remain fundamental in our democracy. no offense to those who consider that my client has no rights, except to be silent. “
The lawyer Lille announced that it will now enter the European Court of human rights.