Sunday, 17 April 2016

France: a state under the rule of law? By Antoine FEVRE


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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