In the Name of Prevention: Insufficient Safeguards in National Security Removals

In the Name of Prevention

Insufficient Safeguards in National Security Removals

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More on Human Rights Watch's work on Counterterrorism

I. Executive Summary

Key Recommendations

II. Background

France’s Experience of Terrorism

The French Counterterrorism Model

A European Debate

III. Forced Removal on Grounds of National Security

Criminal Deportation

Appeals against criminal deportation orders

Administrative Expulsion

Key reasons for recourse to administrative expulsions

Safeguards within the administrative justice system

Procedural concerns

Impact of Asylum Claims on Removal

IV. Protection against Return to Risk of Torture

Insufficient Procedural Guarantees

Lack of automatically suspensive appeal

Case studies

Nacer Hamani

Adel Tebourski

Misuse of Expedited Procedure

Returns to Algeria

V. Right to Freedom of Expression

Freedom of Expression in Europe

Case studies

Abdelkader Bouziane

Chellali Benchellali

Abdullah Cam

Impact on Freedom of Expression

VI. Right to Family and Private Life

International and French Law on Right to Family Life

Impact on Those Subject to Removal

Impact on Family Members

VII. Alternative to Forced Removal

France’s Present Use of Compulsory Residence

Other Countries Use of Control Measures

VIII. Impact on France’s Muslim Communities

Counterproductive Counterterrorism Measures

Detailed Recommendations

Acknowledgements

June 2007 Volume 19, No. 3(D)