Anti-Terrorism bill: a departure from the principle of justice

July 10, 2014

Several aspects of the recent “anti-jihad” law, presented July 9 to the Council of Ministers, were judged unconstitutional by the Alain Jakubowicz, president of LICRA (International League Against Racism and Anti-Semitism.) He declared: “Without objective evidence of the intention of a criminal act or without proof of deliberately planning to commit one” it would be “extremely complicated” to prevent someone from leaving France on the grounds that they are suspected of committing an act of terrorism. “How can one consider for a single second to restrict an individual’s freedom of movement based on suspicion?” asked Jakubowicz. “Honestly, it’s constitutionally impossible.

The bill, primarily aimed at preventing Frenchmen from leaving to fight in Syria, was called an “infringement even of the principle of justice.” “We would find ourselves in the situation where intelligence services, the Minister of the Interior, the administration, would say to the judges: ‘Believe me, I’m telling you that this person is dangerous,’” stated Jakubowicz.

The president of LICRA said that the government must also “reflect on its measures to prevent jihadists from coming back.” When asked about the possibility of Internet shutdowns of sites that glorify terrorism, the president said the problem was “more nuanced.” He spoke of the “risk of opening Pandora’s box and the direct threat to freedom of expression.”