A few days after the Rambouillet attack, the bill examined from Tuesday represents a challenge in terms of public freedoms.
The bill for a new anti-terrorism and intelligence law examined from Tuesday, June 1 by the Assembly bets on additional measures to deal with the threat of those leaving prison convicted of terrorism or radicalized, against a backdrop of outbidding on the right. Almost a year after the censure by the Constitutional Council of a proposed LREM law establishing security measures, the government is taking over with this bill. It breathes new life into two texts adopted in 2015 and 2017. It also includes a new section intended to respond to this major security issue but which also represents a challenge in terms of public freedoms.
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Even if the justice has not for the moment retained the terrorist qualification, the assault on Friday of a municipal policewoman near Nantes by a radicalized ex-detainee with a very disturbed psychological profile, could weigh at the time of the debates, in particular in right where we want to strengthen the response of the State, sometimes going beyond the rule of law. Number 2 of the LR, Guillaume Peltier thus aroused an outcry in his own camp by asking in terms of terrorism the reestablishment of a “Security Court” which “On a case-by-case basis, could place in security detention”, without possibility of appeal. Guillaume Peltier, also a deputy, did not however table an amendment incorporating this shocking proposal.
Against the backdrop of the concern of all actors in the fight against terrorism over the threats surrounding the release of these detainees, the government and the majority are proposing two measures to avoid their “Dry outings”. First, the passage from one to two years of “Individual administrative control and surveillance measures” (Micas), the ex-house arrest created by the internal security and fight against terrorism (Silt) law of 2017. On the other hand, the ad hoc creation of a “Judicial anti-terrorism social reintegration measure”. Seized before the examination, the Council of State has already frowned on the new version of the Micas. Government and majority therefore play a close game. “We are on a ridge line” between public order and individual freedoms, agrees one of the LREM co-rapporteurs, Raphaël Gauvain. “On a constitutional level, we take our risk”, acknowledged Interior Minister Gerald Darmanin.
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By asking for the compulsory wearing of electronic bracelets or the establishment of security measures, the right-wing deputies will want to toughen the text with in their sights a demand: to change the Constitution. The left, LFI in the lead, will sound the alarm on freedoms. A total of 443 amendments were tabled on the bill, but its balance should not be upset during the session.
Announced in the wake of the attack against a police officer in Rambouillet (Yvelines), this new bill was planned for a long time to revise the Silt law and the 2015 intelligence law. ” is to perpetuate four administrative police measures which had brought the tools of the state of emergency post-attacks of 2015 into common law: security perimeters, administrative closure of places of worship, Micas and “Home visits”.
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Another aspect of the bill: intelligence. The government draws the conclusions from the technological and legal developments of the last five years. Here again, little or no upheaval is expected. “Intelligence laws are made beyond the usual borders” between parties, summarizes Loïc Kervran (Agir), co-rapporteur. The services will have a specific information retention regime to improve artificial intelligence tools, and will be able to intercept satellite communications. The technique known as the algorithm which makes it possible to analyze Internet browsing data supplied by telecom operators, which has been made permanent, is extended to connection URLs.
The bill reflects the conclusions of a decision of the Council of State on the general retention of data for judicial and intelligence purposes. A decision “Very important”, judge Guillaume Larrivé (LR) because it allows “Consolidate the French intelligence law regime” threatened by European justice. On the menu until Thursday, the government project also proposes to liberalize access to certain archives, without allaying the fears of historians.