- The parents, the uncle and the aunt of a Muslim teenager who violently beat and shaved her in Besançon, because she was seeing a Christian of Serbian origin, "will be taken back to the border because they have nothing to do with it. to do on national soil ”, assured Sunday Gérald Darmanin.
- If the parents could indeed be removed from the territory, the promise of the Minister of the Interior seems more difficult to achieve for the uncle and aunt of the girl, who would benefit from refugee status.
The tone rises between macronists about a news item that occurred in Besançon MP Aurélien Taché, who left La République en Marche in May, accused the government on Sunday of "rehabilitating the double penalty" and "putting a coin back in the juke -box of anti-Muslim hatred ”, prompting Minister Marlène Schiappa to react. The Bisontine affair which finds national repercussions concerns a 17-year-old girl, violently beaten and shaved by her parents, her uncle and her aunt. Of Bosnian nationality and of Muslim faith, they did not accept his romantic relationship with a Christian Serb living in the same building in the city of Doubs.
All four were arrested on August 17 and then placed under judicial supervision pending their trial scheduled for the fall. They will be tried before the Criminal Court of Besançon for "violence against a minor in a meeting". Interior Minister Gérald Darmanin has already declared that "they have nothing to do on national soil", announcing their expulsion "as soon as the legal proceedings end". But it could prove complex to expel the four implicated.
Parents denied the right to asylum
Her parents' situation and that of her uncle and aunt are different. The first were under an obligation to leave French territory (OQTF), after having been rejected of their asylum request in December 2019, according to the prefecture of Doubs. In February, they asked for voluntary return assistance through the OFII (French Office for Immigration and Integration). But because of the coronavirus epidemic, Bosnia and Herzegovina had closed its borders and the procedure had been suspended.
The country having reopened its borders on July 16, "if the OQTF is final, the parents of the young girl can therefore be taken back to the border automatically", explains Serge Slama, professor of public law at the University of Grenoble. Alps. This procedure is nevertheless suspended pending their trial. The words of Gerald Darmanin do not go against the presumption of innocence, believes the specialist: “the minister has spoken on their presence on French territory, not on their guilt. Foreigners' law is independent of criminal law ”.
"Before the criminal court, parents could also be subject to a ban on French territory (ITF) if they are convicted of" serious violence "within the meaning of the Penal Code". And if they receive a prison sentence, they will have to serve it on French soil before a possible deportation.
The possibility of a "double penalty"
Another tool allows a foreigner who resides in France to be escorted to the border. "The Minister of the Interior or the Prefect can, in certain circumstances, issue an expulsion order, if he considers that the person represents a serious threat to public order", continues Serge Slama. This administrative measure can be added to a judicial penalty (fine or prison), this is called the "double penalty".
Against the backdrop of ethnic rivalry between Bosnians and Serbs, the government rehabilitates the double sentence dear to @GDarmanin and @MarleneSchiappa ... and puts a coin back in the anti-Musumlane hate jukebox. And conjures the fate of #leonarda. Well done right. Https://t.co/VvG9j03Lu7
- Aurélien Taché (@Aurelientache) August 23, 2020This possibility is considered discriminatory by certain associations, and criticized in particular by the deputy Aurélien Taché in his tweet. But in the event of an ITF or an expulsion order, there are prior guarantees and possibilities for appeal.
A refugee uncle and aunt
The situation is more complex with regard to the uncle and aunt of the teenager, indicted with the parents. They would benefit from refugee status, according to the prefecture of Doubs. "The withdrawal of this status is governed by the code of entry and stay of foreigners and the right of asylum or CESEDA and the Geneva Convention on refugees", recalls the professor of public law. "Gerald Darmanin's declaration is imprudent because the future of the uncle and aunt does not depend on him, but on OFPRA". This body in charge of examining asylum requests has the possibility of excluding a person from refugee status, if “his actions are so serious that he does not deserve international protection”, he explains on his report. site.
According to the CESEDA, OFPRA can also “put an end” to refugee status “when it has serious reasons to consider that its presence in France constitutes a serious threat to the security of the State” or “when the no one has been convicted in France for a crime or for an offense constituting an act of terrorism or punished by 10 years of imprisonment and that his presence constitutes a serious threat to society ”.
But if their status is "degraded", by the deprivation of certain rights, "that does not allow them to move away to the country of persecution", underlines Serge Slama. The question had already been asked about Piotr Pavlenski, a Russian refugee behind the publication of intimate videos of Benjamin Griveaux, ex-candidate for mayor of Paris. The 17-year-old could, for her part, be entrusted to social assistance for children (ASE).
Society
Teenager shorn in Besançon: Her family has "nothing to do on national soil" for Darmanin
Society
Besançon: Muslim teenager shaved and beaten because she wanted to marry a Christian
- Franche-Comte
- Society
- Muslim
- Refugees
- Christian
- Violence
- Gerald Darmanin
- Besancon