ADM proposals to rapporteur and member of Parliament Raphael Gauvin

Proposals (CMP Joint Committee) ADM draft law strengthening internal security and combating terrorism

The Joint Committee on the draft law reinforcing internal security and the fight against terrorism reached an agreement on Monday, 9 October 2017, validated by the vote at the National Assembly on 11 October 2017. Since the text of the law has been validated in both Chambers Senate and National Assembly.

While discussions on the Bill were taking place without the advice of Muslims, action Muslim rights made proposals to MP Raphael Gauvin.

It seemed necessary to intervene in order to better fit these measures knowing the impact they have on the people we follow. We have done so with the aim of better control of administrative and protective measures towards those who are experiencing these measures with the disastrous consequences we have found.

We could only make proposals on the points of disagreement between the National Assembly and the Senate.

Letter to MP Raphael Gauvin

Some proposals have been incorporated;

On the closure of the places of worship:

ADM proposals:

1. on the closure of places of worship we ask for the deletion of “idea and theory”.

It is not the Ministry of the Interior to choose the religious books of the Muslims or the verses of the Koran that suit him or not. This is part of the freedom of worship. Just as much as the other cults.

2. to return to the version of the Senate: “the violation of a measure of closure of a place of worship taken pursuant to article L. 227-1 is punishable by a sentence of six months ‘ imprisonment and a fine of 7 500 €.”

CMP works:

The notion of “writings “ is deleted

“the violation of a measure of closure of a place of worship taken pursuant to article l. 227-1 shall be punished by a sentence of six months ‘ imprisonment and a fine of 7 

€500

.  »

instead of “three years ‘ imprisonment and a fine of €45000”.

Monitoring measure (residence assignment):

ADM proposals:

13. the terms used are blurry ; This opens the way for many drift as seen during the State of emergency.

Rights defenders, activists, researchers all these categories of people or associations can find themselves in these broad and fuzzy measures. We are asking for a guarantee that these categories are not targeted by these measures.

CMP works:

The fact that a person who disseminates a jihadist ideology could only be assigned if this dissemination is accompanied
of a manifestation of adherence to this ideology.

Visits and seizures (administrative searches):

ADM proposals:

9. the period of appeal must be doubled from 1 month to 2 months. We found very little recourse with longer delays as in the State of emergency. The administrative appeal against the “  ” visits and seizures ” must be maintained.

10. an end-of-measure letter and/or an apology must be sent to persons when the Administration has found an error. This, in order to allow these people to resume the course of their lives with compensation as a result of the damage suffered, which is very damaging and particularly traumatic during these measures.

CMP works:

Concerning “visits and seizures” an action for nullity before the Board of inquiry against the administrative search (indemnification remedy), while keeping (the appeal) an appeal before the first President of the Court of appeal of Paris .

On identity checks (facies) :

ADM proposals:

14. We call for the abolition of art 10 which is contrary to fundamental rights, in addition to creating an amalgam between foreigners and terrorists. “Verifying compliance by persons whose foreign nationality may be inferred from external objective elements”.

CMP works:

art 10 border identity checks are reduced the areas in which they can take place 20 km it is reduced to 10 km around the border crossing points (station, airports…)

Parliamentary oversight and self-destruction:

ADM proposals:

15. an evaluation Commission shall be established, once a year, with a vote on the repeal of the law.

CMP works:

The clause: “an annual assessment will inform us of the marginal usefulness of these measures. If it turns out they are useless, Parliament will not lead them back. »

Enhanced measurement control:

ADM proposals:

11. a monitoring of the measures and their impact of the defender of rights and/or an Association (which takes care of the follow-up and accompaniment of the persons/structures covered by these measures) with a report to parliamentarians on the impact of the measures taken.

CMP works:

” self-destruct clause” is extended to the 4 measures. These measures will therefore be experimental in nature, end on 31 december 2020 and be subject to reinforced scrutiny by Parliament.

6. intelligence techniques

Delete this passage ; the whole population may be concerned, which is

Intrusive and those without any means of control over the Administration and purpose of such data.

CMP works:

Deleting must declare all its subscription numbers and identifiers

For the PNR (passenger name record) air, the principle of indirect and non-direct access of the intelligence, police and gendarmerie services to the PNR maritime file

This text despite the guidance of the CMP remains dangerous by bringing us out of the rule of law and entering a State of suspicion, surveillance and exceptional justice for Muslims and people of origin (Arabs, blacks). We express the wish that it be repealed in the next assessment and balance sheet in one year. Living in a permanent state of emergency is not the appropriate response to the terrorist threat. It is a factor of exclusion and discrimination. All repressive has its limits; No prevention is put in place. This text will see the same limitations and inefficiencies as during the State of emergency since it is the flagship measures that have just entered the common law.