- In a report published on April 2, Amnesty makes a series of recommendations to European states to ensure compliance with their international human rights obligations during this exceptional period of fight against Covid-19.
- France, like other neighbors, has taken drastic measures to stem the spread of the virus, which further weakens certain categories of the population.
- In an interview with "20 Minutes", Nicolas Krameyer, head of the "Liberties" program of Amnesty France, believes that there is a risk of prolongation of exceptional measures beyond the state of health emergency. well in France.
Move freely, eat, be healthy. These rights never appeared more fundamental for the French population than in this period of confinement and fight against the coronavirus. However, to stem this pandemic, many countries, starting with France, have been forced to limit some of these rights or introduce exceptional measures.
If nothing in international law prevents it, recognizes the NGO Amnesty International, guarantees must be provided to the entire population, without distinction. In an interview with 20 Minutes , Nicolas Krameyer, head of the “Liberties” program at Amnesty France, believes that there is a risk of prolonging exceptional measures beyond the state of health emergency.
What impact does the management of this epidemic have on our fundamental rights?
The impact of a pandemic on universal human rights is major. To combat its spread, it may be necessary to be able to derogate from certain numbers of these fundamental rights over a defined period. The first, which is most obvious to us right now, is freedom of movement. To be able to fight against the virus, it is necessary to limit its movements, it is a fact. But respect for our rights and freedoms must be at the heart of the response of the public authorities. The right to health - that is, the right to be in the best possible state of health - is a recognized universal right. Now it is clear that on this one point, the entire French population is not equal. It is not at all the same thing to be confined to your home by teleworking or to be on the front line in the fight against the pandemic.
Which categories of the population are the most affected on this point?
I am thinking of the nursing staff, of course, but also of the police, all the employees in services deemed essential to the life of the nation. But also to the most precarious, more fragile people who are on the street, to migrants or refugees, to the poorly housed or those who live in slums, to women or children victims of domestic violence. There are a variety of important situations and it is necessary that the public authorities respond to these situations in the most detailed and thorough way possible to be able to ensure and guarantee to everyone this right to health.
What measures do you think need to be implemented urgently?
All people living in detention are particularly at risk. Once the virus has spread in a confined space, there is a major risk of an epidemic for prisoners and staff working in these establishments. It is essential that measures are put in place to protect them. Alternatives to detention must be deployed, for detainees who are elderly or already suffering from pathologies and for persons in pre-trial detention who are therefore presumed innocent.
Detention should remain the exception, especially during this period.
There are also those detained in a detention center for reasons of migration. Their detention can only be conceived if a return procedure is underway. But these procedures no longer make any sense with the risk of spreading the disease. These persons should therefore be released, barring exceptions. For many categories of the population, the response to deal with the pandemic requires measures to respect and strengthen fundamental rights.
What exactly do you expect from the government?
If we simply take the example of prisons, we see that one of the orders issued by the government is indeed exploring the possibility of reducing the prison population. This concerns 5,000 detained persons who are at the end of their sentence. But that's not enough. There is nothing on elderly or sick detainees or on provisional detentions. The latter represent a third of the prison population in France! Instead of promoting their release, one of the texts drafted by the government as part of the state of health emergency automatically postpones the duration of their pre-trial detention.
Measures have also been taken to extend the winter break and prevent the eviction of poorly housed people. That's good, but at the same time some local associations tell us about operations to dismantle migrant camps in the Calais region, for example. This puts an already vulnerable population at risk and it also exposes the police who must evacuate these camps. Stopping these police operations is simply a measure of common sense.
Some lawyers denounce “exceptional justice” and an attack on the rights of the defense with the publication of orders framing the state of health emergency. Do you think they are right to be alarmed?
Yes. We are also concerned about a number of articles in this state of health emergency law. The rights of the defense have been restricted and provisional detentions are now extended without respecting the adversarial process and automatically. Detention should remain the exception, especially during this period.
The Keeper of the Seals assured yesterday in a tribune in the World that the rule of law was not "quarantined" and recalled the role of control of the parliament and the maintenance of the missions of the Constitutional Council during this period. Are these guarantees satisfactory?
From the point of view of international law, the French State obviously has the right to derogate from ordinary law in order to face an exceptional crisis. This is what many European countries have done. However, establishing a state of health emergency does not mean doing anything. And firm guarantees must be given. The measures taken by governments must be proportionate and limited in time. We know it well because France lived unfortunately with the terrorist attacks of 2015 and 2016 and the establishment of the state of emergency then the vote the law strengthening the fight against terrorism, there is a form of habit who installs with exceptional measures, the risk that these measures will settle in time exists, it is dangerous and we must be vigilant.
Why want to alert now?
Amnesty recalls a certain number of principles to be respected, we do not alert. We understand the need to fight against the epidemic and the exceptional crisis it creates. But we also know that we will have to be very vigilant so that these measures are not made permanent. The international human rights system has been designed and built to respond to these challenges, it is hoped that the lessons of this crisis will be learned, particularly with regard to access to health. A crisis like this shows the urgency of guaranteeing, strengthening and respecting our fundamental rights.
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