[Global Times Special Correspondent in France, Germany, Spain, and the United States Ge Wenbo Aoki Chen Xiaohang Zhang Mengxu] Since the National Security Law of Hong Kong came into effect on the evening of June 30, the deterrent effect has been immediate. More and more people are looking forward to the restoration of stability in Hong Kong as soon as possible. Live in peace and contentment. However, in the international arena, some politicians and the media still practice double standards, accusing China of enacting legislation to maintain national security on its own territory. No sovereign country pays much attention to security. In Europe and the United States, there are numerous law enforcement cases related to national security. The Global Times reporters in many countries have sorted out this.
France: "Textbook Case" to End Extreme Thought
After a serial terrorist attack in Paris in November 2015, France entered a state of emergency. In November 2017, France ended the state of emergency, and at the same time, the "Enhancing Domestic Security and Anti-Terrorism Law" (hereinafter referred to as the "National Security Law") came into effect. The law includes several aspects. For example, provincial governors can approve the establishment of warning zones when holding major sports and cultural events; they can close religious sites that spread extreme ideas; and they can take administrative measures against terrorist suspects. Control or monitoring measures, etc.
In December 2017, the As-Sona Mosque, one of the largest mosques in Marseille, was closed by the government. The incident was widely regarded by French media as a "textbook case" for the implementation of the National Security Law. The cause is that the temple’s imam dudi has long spread hate speech, called for “jihad”, and introduced several believers to the Middle East to join the extremist organization “Islamic State” (IS). After the adoption of the National Security Law, the provincial government of Rhône Estuary, where Marseille is located, ordered the monastery to be closed and the assets of the monastery frozen.
Because the members of the monastery association intend to sell part of the private property houses of the monastery, thereby creating trouble for the closure of the ban, the Marseille City Government exercises the priority purchase right on the grounds of municipal planning. Then, after double confirmation by the administrative court and parliament, the government ordered the expulsion of Dudi back to his native country Algeria. Dudi's lawyer filed a complaint against the European Court of Human Rights on the grounds that Dudi would be tortured. The French government prepared for this, fully explained Dudi's evidence and won the case. Rhone Estuary Sergeant Marzie said that he hopes to pass this case a clear message: if the French laws are not followed, the government is always ready to fight to the end.
On September 21 and 22 last year, which coincided with the "European Heritage Day", the Paris Police expects that tourists who will flood the streets that day will be mixed with "yellow vests" and strikers who oppose pension reform. In view of the information on social networks calling for smashing and looting, and the flow of people also increased the risk of terrorist attacks, the Paris Police Department implemented the National Security Law for the first time in response to the march, mobilized 7,500 law enforcement officers, set up warning areas, and strictly restricted each The range of activities of the parade.
In November last year, the French rapper Giruminati uploaded a rap video of allegedly praising terrorism and threatening the French authorities, and he and his wife and members of the group of soldiers on the road to Allah, where they lived. The province was prosecuted. Giruminati was sentenced to one year in prison, and the court authorized the authorities to take surveillance and control measures against it.
On March 17 this year, due to the new crown epidemic, France began to implement strict bans. However, anti-terrorism experts believe that the ban is more likely to stimulate extremists. Therefore, the anti-terrorism department of the French Internal Security Bureau continues to be on alert, and the main reference basis is the list of persons who pose a potential threat to national security, that is, the "S" level surveillance file. On March 17 Between April 15th, 22 militants were taken surveillance measures, and the residences of 3 suspects were raided.
In February of this year, the French Minister of the Interior revealed at the National Assembly hearing that France was monitoring 63 mosques, which had foiled 31 terrorist attacks within two years. In the same month, the French Senate Committee responsible for overseeing the implementation of the National Security Law stated that since the implementation of the law, a total of 504 warning areas have been established throughout the law, seven religious sites have been closed, 149 home visits have been conducted, and 205 suspects have been investigated. 229 cases of administrative control and surveillance.
However, the French National Security Law also encountered criticism of human rights violations, the United Nations General Assembly expressed concern, "Amnesty International" accused the French government. The French State Secretary of the Ministry of the Interior Nunes said that the relevant measures were approved by the court and the procedures and results were completely correct and just.
The French National Security Law adopts a system of parliamentary control and will expire at the end of this year. The Ministry of the Interior must propose new text within the year to make the law permanent. Braun Pivey, chairman of the executive committee of the National Security Law of the Senate, said that the current law is not as efficient as the “state of emergency” before the legislation, and there are many loopholes to be filled as soon as possible. The committee recommends that the administrative shutdown order be extended from religious places to its affiliated places, and the length of surveillance of dangerous persons from 1 year to 10 to 20 years.
Spain: "Rules can only be laws"
On October 14, 2019, the Spanish Supreme Court sentenced 9 deputies of the Catalan Autonomous Region (Canada), including the former Vice Chairman of the Catalan Autonomous Region (Canada), including Oriol Honcras, from 9 to 13 years. imprisonment.
According to the ruling, Hunkras was guilty of incitement to insurgency and embezzlement of public funds, and was sentenced to 13 years in prison. Former Speaker of the District of Canada, Kame Focadelli, was guilty of incitement to insurgency and sentenced to 11 years and 6 months in prison. As an active member of the "independence" movement-related social organizations, former District Councillor Jordi Sanchez was guilty of incitement to rebellion and sentenced to 9 years in prison. Entrepreneur Jordi Quesat was convicted of inciting insurgency and sentenced to 9 years in prison.
The then Prime Minister of the Spanish caretaker Pedro Sanchez issued a statement for the first time, saying that the court's judgment will be fully implemented. Sanchez said: "The relevant trials are conducted under the premise of strengthening democratic principles. All citizens are equal before the law. No one can surpass the law, and we are all obliged to abide by the law." He emphasized that the Spanish Constitution follows three principles: 1. It is the equality of citizens, and they are obliged to abide by the law. The second is geographical diversity. The unification of Spain is based on the recognition of the diversity of the country. This is reflected in the high degree of autonomy in each autonomous region. The third is the same as any democratic constitution in the world. The Spanish Constitution safeguards territorial integrity and national sovereignty.
At the same time, Spanish judge Pablo Liarena applied to reactivate the international wanted order against the former chairman of the Canadian District, Carles Puig de Monte, for inciting insurgency and embezzlement of public funds. Previously, the Spanish court had withdrawn the European wanted order for Puig de Monte in exile in Belgium, and only retained the Spanish wanted order.
According to Spain’s National newspaper, the Spanish Supreme Court did not include the “crime of rebellion” mentioned in the prosecution’s allegations. The term of “crime of rebellion” was 15 to 25 years. The Supreme Court finally chose to use the "incitement to insurgency" and other sentencing representatives to participate in the "independent referendum" incident. An important consideration is that to constitute "crime of rebellion" must use "violence" as a direct means. In this case, the relevant personnel used "incitement to rebellion" as an attempt to achieve "independence". The judges involved in the trial held that there were acts of violence throughout the "referendum" incident, and Jordi Sanchez and Jordi Quesat were the convenors of the event, and were therefore detained before the trial. However, the judges believed that there was no evidence that the “independence” representative incited or organized the relevant assembly to “violently seek independence”, so it was not criminalized as a rebellion.
In October 2017, the Autonomous Region of Catalonia held a referendum on "independence" in spite of the ruling of the Spanish Constitutional Court. In the second half of the year, the Spanish government announced the withdrawal of the autonomy of the Canadian District and the dissolution of the Canadian Government and Parliament. The Spanish Attorney General has prosecuted former officials in Canada, including Puig de Monte, for rebellion and embezzlement. With the verdict, the Catalonia issue has entered a new stage. The case also shows that in the face of national security issues, the rule can only be the law, the Spanish Constitution.
Germany: Perfect in major case judgment
"Germany's legislation on national security has three pillars, which are the anti-terrorism legislation, the Constitutional Protection Law and the relevant provisions of the criminal law. Among them, anti-terrorism legislation is the core." Berlin security policy expert Nokelsi told the Global Times reporter, For decades, German national security legislation has been gradually improved in several major cases.
In the 1960s, a left-wing radical "Red Army Brigade" appeared among young Germans and used violent means against the representatives of the US military and the capitalist system. In April 1968, the core leaders of the first generation "Red Army Brigade" Badr and Ensling set fire to two department stores in Frankfurt, causing a loss of 700,000 marks. In 1977, the activity of the organization reached its peak, known in history as "Autumn of Germany". That year they murdered many top figures in West German economic, financial, and political circles: Siemens President Becketts, Deutsche Bank President Herhausen, German Federal Attorney General Bubach, and German Trusteeship Director Roweder Wait.
"Because of the'Red Army Brigade', West Germany added the provision of the crime of forming a terrorist organization in the Criminal Law. This is also the first time that the legal concept of a "terrorist organization" was proposed in Germany after the war." Nokersi said, after , "Red Army Brigade" members were punished for this crime.
After the "9.11" incident in the United States, German national security legislation entered the "fast lane". The scope of "crime of forming a terrorist organization" in the "Criminal Law" is expanded to "supporting terrorist organizations abroad". Germany also amended the "Group Law", and the Ministry of the Interior or the relevant departments of the state government have the right to ban religious organizations that violate the law. In 2008, Germany revised the Criminal Procedure Law to expand the authority of telecommunications interception and other secret investigation measures. In 2013, Snowden revealed that the United States had eavesdropped on German Chancellor Merkel's mobile phone. In 2016, Germany allowed the Federal Intelligence Agency to monitor foreigners' telephone and network communications overseas.
Another background to the release of these new regulations is that the German security authorities were criticized for the weakness of the neo-Nazi “National Socialist Underground Organization”. The organization murdered 10 innocent people from 2000 to 2007 and participated in 15 cases of armed robbery and arson. In 2018, the female protagonist Chape was sentenced to life imprisonment. This case is also known as the most important neo-Nazi case in Germany after the war.
In March of this year, the German Constitutional Protection Agency announced that the "wing" of the ultra-right political party German Choice Party was listed as an "extremist group" on the grounds of "opposing the basic order of freedom and democracy." "Wings" has 7,000 members in the German Choice Party. The leader of the German Choice Party, Karl Bitzer, once said that the Constitutional Defense Bureau made a "political decision", but on March 20th the party suddenly announced that "Wings" would be dissolved. Members have withdrawn from the "wing". The party leader Hawke and others even criticized "wings" in high-profile. The analysis believes that these actions are for "whitewashing", fearing punishment by the National Security Law.
"Judgments in some major cases directly affect the trend of German national security legislation." Nokelsi said, "The general trend of German national security laws is becoming stricter and the scope of management is getting wider and wider. In addition, preventing'internal and external collusion' Terrorist activities will be the focus of legislation."
United States: From the marathon explosion to the "Prism Gate"
On April 15, 2013, an explosion occurred at the Boston Marathon in Massachusetts, resulting in three deaths and 183 injuries. The case investigation was led by the Federal Bureau of Investigation (FBI), and the suspects were finally identified as the brothers of 26-year-old Tamerlan Tsarnayev and 19-year-old Johar Tsarnayev, the former of whom died of serious injuries.
Jiaohar, of Chechen origin, was arrested on April 19. Initially, he was interrogated without being read out of the "Miranda Warning", the Ministry of Justice invoked the "public safety exception" rule, and intended to let a special counter-terrorism team interrogate him. On April 22, the prosecutor sued him for "use and conspiracy to use weapons of mass destruction to cause death" and "malicious destruction of property to cause death." "We want to tell everyone again that people who target innocent Americans and carry out terrorist attacks on our cities cannot escape justice," the federal prosecutor said.
After preliminary interrogation, Jiaohar admitted that the motives behind the bombing were extreme religious beliefs and the US wars in Afghanistan and Iraq. On July 10, Jiaohar received a subpoena in the Boston Federal Court, involving 30 charges. The trial began in January 2015. The prosecutor stated that Johar was an unrepentant, naked terrorist, and his lawyer emphasized that the defendant’s depravity was directly related to his poor growth environment, and his brother Tamerlan Is the mastermind. But the court did not adopt the lawyer's defense.
Although Massachusetts abolished the death penalty in 1984, Johar was tried in federal court, and the US federal government reinstated the death penalty in 1988. On June 24, 2015, Jiaohar was formally sentenced to death. Currently, Jiaohar is being held in a federal prison and is one of more than 60 federal death row prisoners awaiting execution.
In recent years, in addition to counter-terrorism, the US spy cases have also been prominent on national security issues. The United States promulgated the "Espionage Act" in 1917 to combat acts of collaborating with the enemy and selling the country. The law stipulates that individuals who obtain, receive and disseminate defense information without authorization may be severely punished.
Ten days after the "September 11" incident in 2001, the FBI arrested Montessori, a senior analyst with the Defense Intelligence Agency. Montes had no connection with this terrorist attack, and she was arrested at this time because she knew the information that the US military would invade Afghanistan in October of this year, and the US government did not want her to disclose these confidential information. A previous FBI investigation found that Montes worked for Cuba. In the end, in order to avoid the charge of treason that could be sentenced to death, Montes pleaded guilty to spying and was sentenced to 25 years in prison in 2002.
Snowden, a former employee of the National Security Agency, disclosed that the US "Prism" monitoring project is another famous incident. In early June 2013, Snowden exposed the US government's actions through the media, and the information made the world uproar. On June 14, the US prosecutor filed a complaint in the Eastern District of Virginia’s federal court, prosecuting Snowden for three felonys, namely "theft of government property," "unauthorized disclosure of defense information," and "deliberate disclosure of confidentiality to unauthorized persons." "Communication Intelligence Information", the latter two allegations are based on the "Spy Law".
Each of the three charges is accompanied by a sentence of up to 10 years. In fact, the US federal prosecutor's lawsuit against Snowden was originally kept secret, but because the Department of Justice received intensive calls from US lawmakers and the media, the criminal complaint was decrypted a week later. The US Department of Justice stated that Snowden's actions seriously endangered national security. At present, the Snowden is in Russia and he is still wanted by the US authorities.