The state of emergency came into force in November
2015, after the tragic attacks in Paris. The aim is to avoid terrorist attacks.
However, a growing number consider the state of emergency a threat to
democracy. There is a real concern that the state under the rule of law will
turn into a police state.
The state of emergency, based on the law of
the 3rd of April 1955 (passed in the context of the War in Algeria), extends
the State’s powers. For example: a Minister can put people under house arrest
without having to refer to a judge. Wide powers are also given to law
enforcement officers to arrest, search and seize. The state can stop demonstrations
taking place more easily. These police measures are a response to our predicament.
The fight against terrorism is made easier
with these legal measures, but do they make this fight more effective? In fact,
in February, just two months after the launch of the state of emergency, only four
court proceedings linked to terrorism were under way, despite the 3336 raids
and 290 house arrests…
“We are at war", according to Manuel
Valls the French Prime Minister. But is it a war against the opponents of the government?
For example, during COP21, environmental activists were put under house arrest.
What do they have to do with terrorist groups?!
Fundamental freedoms have been and are being
baffled by the state of emergency. That's why the magistrates’ union has criticized
the state of emergency; procedures are too often engaged despite a lack of
evidence. Non-governmental organizations like Amnesty International have denounced
the threat to fundamental human rights caused by the state of emergency.
So it seems we are between the devil and the
deep blue sea. The state of emergency should end the 27th of May. Which is the
most important: freedom or safety? I share the opinion of Benjamin Franklin: “They
who can give up essential liberty to obtain a little temporary safety deserve
neither liberty nor safety”.
Sources: Amnesty International, Courrier
International, Le Monde Diplomatique
Antoine FEVRE wants to be a lawyer.
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