Paris (AFP)
Only a judge can decide to extend the pre-trial detention of a prisoner, the Constitutional Council confirmed on Friday, definitively invalidating the automatic extension device that had been put in place by the government during the first confinement.
This extension, without going before a judge, of provisional detentions for prisoners awaiting trial and therefore presumed innocent had been authorized by an order and a government circular in March, a few days after the start of the first confinement linked to the health crisis. of Covid-19.
With justice then almost at a standstill, the measure aimed to ensure that detainees were not released before the end of the investigation or before a trial hearing was set.
Depending on the seriousness of the allegations, the automatic extension could range from two to six months.
The measure scandalized many lawyers but also magistrates, and the government had ended up giving it up at the end of the first confinement.
"The objective pursued" was "not such as to justify the assessment of the need for continued detention to be, during such periods, withdrawn from the systematic control of the judicial judge", ruled the Constitutional Council, repealing the provisions.
According to the Constitution, "no one can be arbitrarily detained" and "the judicial authority, guardian of individual freedom, ensures respect for this principle", also recall the Wise Men in their decision.
The decision specifies, however, that the detainees affected by these automatic extensions - they are hundreds - will not be able to challenge them retroactively on the basis of this unconstitutionality - this would "have manifestly excessive consequences", affirm the Wise Men.
They may, however, seek financial compensation before an administrative tribunal.
© 2021 AFP