The administrative court of Amiens on Saturday ordered the suspension of the curfew applied in three communes of the Oise to prevent the epidemic of Covid-19, considering that these measures were a "serious infringement" on "the fundamental freedom of go and come". The court was seized by the League for Human Rights (LDH) regarding three prefectural orders taken on May 10, the day before the start of deconfinement, for the cities of Compiègne, Creil and Nogent-sur-Oise, which extended similar decisions of March 23 as part of the state of health emergency.
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The health situation has not deteriorated since May 11
In its order, the court considered in particular that if the "urban violence" and the "wild gatherings" having taken place in these three communes, where they risked "contributing to the degradation of health", can justify "appropriate measures. ..] in the sectors where they take place ", on the other hand, a" general traffic ban on all "of the municipalities was not" a justified and proportionate measure ".
The League for Human Rights is thus "entitled to maintain" that this is a "serious and manifestly unlawful interference with the fundamental freedom to come and go," concluded the court. The latter also notes that, even if the health situation remains "fragile" in the Oise, it has not deteriorated since May 11, which does not justify prohibiting all night travel in these municipalities.
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"Attack on freedoms"
"We are very satisfied. We criticized the generality, that is to say the fact that the ban covered the entire territory of the municipality and that a decision was taken that was too general in its liberties. The court l 'recognized,' said LDH lawyer Patrice Spinosi to AFP.
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"In reality, it appeared that, under the guise of a health emergency, what justified this curfew was a security issue. We cannot circumvent the health goal by a security curfew. This decision marks the limits of powers of the prefects, even in the context of a state of health emergency, "he added. The prefect "took note" of this decision and will not appeal, told AFP the prefecture.