Senators want to create a new judicial measure to monitor those convicted of terrorism who leave prison. - Sarah ALCALAY / SIPA

  • Two senators announced on Wednesday the tabling of a bill in the coming weeks to strengthen the monitoring and surveillance of ex-prisoners convicted of terrorism.
  • If adopted by Parliament, this new socio-judicial follow-up measure will be taken by a sentence enforcement judge and will concern individuals considered to be “dangerous” to society.
  • In the text by Marc Philippe Daubresse and Philippe Bas (LR), this follow-up measure would be valid for one year with the possibility of renewal each year for ten years for those convicted of terrorist offenses, and for twenty years for terrorist crimes.

This year, 45 terrorist detainees will be released from prison after serving their sentence. In 2021, there will be 57. To fight against the risk of recidivism, two senators presented this Wednesday the outlines of a bill that should be tabled in the coming days. On the occasion of their annual control of the so-called "Silt" anti-terrorist law, the elected LR Marc Philippe Daubresse and Philippe Bas expressed their "concerns".

The end of the detention of individuals convicted of terrorist acts crystallizes the fears of all actors in the justice chain and the government. On February 13, before the deputies of the Law Commission, the Minister of the Interior said he was in favor of perpetuating the administrative measures inherited from the state of emergency, deemed "useful" and "essential" to the counter-terrorism. Christophe Castaner also said he was "open" to proposals from parliamentarians to improve the existing systems. A message obviously heard by right-wing senators. So what does this new socio-judicial follow-up measure contain and what will it be used for? 20 Minutes takes stock.

Current “Limits to Limits”

Throughout their press conference, the two senators repeated: "This is not a new sentence but a security measure." Objective displayed by Marc-Philippe Daubresse and Philippe Bas: "Landing the limits of existing judicial measures". The senators started from the observation made during the hearings conducted as part of their control mission. If the law passed in 2017 made it possible to administratively supervise individuals considered dangerous and out of prison for terrorist acts, this measure would be insufficient today: "The duration cannot exceed 12 months, the intelligence services estimate that c 'is too short,' explains Marc-Philippe Daubresse, elected representative of the North.

In addition, if the socio-judicial monitoring penalty was extended in 2016 to terrorist detainees, it can only apply to those convicted after 2016 under the principle of non-retroactivity of the law. "There is a paradox in our current judicial system, since terrorist convicts rarely benefit from an adjustment of sentence and are therefore less followed than the others," adds Philippe Bas.

A measure renewable ten or twenty years

For all these reasons, the two elected officials suggest creating a new surveillance measure dedicated specifically to those convicted of terrorism. "It would make it possible to impose surveillance measures on detainees convicted of crimes and offenses linked to terrorism which present a high level of dangerousness when they are released," they said in their report.

Concretely, how could this happen? Only individuals deemed dangerous after their passage before one of the multidisciplinary safety measures commissions, instances created in 2005, would be concerned. A judge of the enforcement of sentences (JAP) could thus impose on these people bans on appearing in certain places or get in touch with certain people. Ex-detainees could also be placed on an electronic bracelet as soon as they leave prison.

Valid for one year, these measures would be renewable for ten years for individuals convicted of terrorist offenses, and for twenty years for those convicted of terrorist crimes. Individuals affected by this new provision will be able to appeal if they wish, assured Marc Philippe Daubresse and Philippe Bas. Finally, senators want to systematize the obligation to monitor actions to deal with radicalization. For elected officials, this bill therefore "completes" the system offered by the Silt law to administrative authorities. And give weight back to the judges.

A "catch-up session"

An argument welcomed by Anne-Sophie Simpere, in charge of advocacy "freedoms" at Amnesty International France. “One of the criticisms that we made when we voted for the Silt law in 2017 was the power granted to the administrative authorities, therefore to the prefects, to the detriment of the judiciary. In terms of procedural guarantees, it is good that the judicial authority takes back control of these surveillance measures, ”she underlines.

But the NGO remains vigilant: "We will have to see what guarantees will be given to ex-prisoners in terms of remedies, and also see the content of these surveillance measures. They must remain necessary and proportionate. Assigning someone to a limited geographical area for ten years can hinder their right to work, for example, and therefore to their reintegration. Especially since we are talking about people who have already been sentenced and who have served their sentence, ”adds Anne-Sophie Simpere.

For Béatrice Brugère, general secretary of Magistrates Unit (FO), the announcement of this new measure illustrates above all the delay taken, according to her, by the government on the question of the follow-up of the former convicts for terrorism. "It is very good that senators are taking up this subject, but it is what I call a catch-up session. It still reflects a lack of anticipation and long-term strategy. Especially since this does not respond to the reality of the threat ”. According to the magistrate, it is the whole scale of the penalties applied to crimes and terrorist crimes which must be reviewed: “If these measures are applied, that means that we are talking about very dangerous individuals. They are therefore very dangerous, and they are still outside, it is both paradoxical and disturbing. "

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  • Radicalization
  • Recidivism
  • antiterrorism
  • Terrorism
  • Justice
  • Jail
  • jihadism