These measures, controversial, include the possibility of electronic monitoring for ten years for people convicted of terrorism offences.
The national Assembly has voted in the night of Monday to Tuesday a proposal of law LREM controversial providing “security measures” for condemned for terrorism, at the end of their sentence. The judicial authority may impose for five or ten years to these people the obligation to respond to the convocations of the sentencing judge, to establish his residence in a determined place, of prohibitions to enter into a relationship and seem in some places, and still be under the obligation of pointing so that, subject to the agreement of the person, the wearing of an electronic bracelet.
As the elected MoDem, the minister of Justice Nicole Belloubet has decided against the bracelet, “most prejudicial to freedom” among this arsenal. But the “walkers”, including the former boss of the Raid, Jean-Michel Fauvergue, found the bracelet “must have” and have predicted that it will reduce the score to once per week.
At the end of heated debates, the deputies LREM, LR and IDUS have voted the whole of this proposal of law in favor of “the security of the French people”, the group BIA against what he sees as an “escape” and “a semblance of punishment” to the terrorists released from detention. Socialists and communists have them abstained on the text as “dangerous compared to the founding principles of law”.
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No “justice predictive”
“The threat is becoming more endogenous”: “persons sentenced for acts of terrorism will get out of prison”, about 150 in the next three years, of which “some are still very dangerous,” explained Yael Braun-Pivet, president LREM of the Law commission. “Now we don’t have all the tools necessary to ensure their follow-up”.
These people, “were condemned in the years 2010 very often for crimes”, where those “outputs” dry, “without the accompaniment of a judicial but with a possible year of administrative control, according to another author of the bill, RaphaĆ«l Gauvain. The penalties for terrorism have been tightened in 2016, after the wave of terrorist attacks on French soil.
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The minister of Justice Nicole Belloubet has globally supported the proposal LREM, while putting forward a “compelling need” equilibrium: no question “of introducing any form of justice predictive”, on the basis of “mere suspicion” as to the dangerousness of the person. The text needs to be quickly considered by the Senate, with a view to final adoption by the end of July. Senators led by Philip Low (LR) filed a similar bill in march, portending a convergence between the two rooms.
social Follow-up educational or psychological
“We are on a ridge line,” notes Yael Braun-Pivet : safety measures must not amount to a penalty, at the risk of not being able to apply to persons already judged. However, the “walkers” are intended to be of immediate application. The national Council of bars (CNB), which represents 70 000 lawyers of France, was adopted in the beginning of June a motion against “the sentence after the sentence”, in relation to text and call into question the guarantees of the rule of law and contrary to the declaration of the rights of Man.
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The deputies of the left, groups the Liberties and territories and EDS are the same criticism. “The political goal of this text is to shake the fears in adoubant once again the theses of the extreme right”, say the dissenters, who point to a renunciation “to the reintegration of these people.”
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A follow-up to the social, educational or psychological figure in the range of measures at the hands of the court, meets Yael Braun-Pivet, who noted that some convicted persons are “applicants for this support”. For their part, the deputies of the right, and some IDU have sought in vain to strengthen the security measures or extend them in time. “One should not make evidence of ideology or attitude”, hammered Eric Diard (LR), which has, however, voted on the text, even “clearly insufficient”. The keeper of the Seals reminded that 514 people are being detained for acts of islamist terrorism, and 760 are prisoners of common law, “likely to be radicalized”.