Preempting Justice

Counterterrorism Laws and Procedures in France

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I. Executive Summary

Key Recommendations

II. Background

French Criminal Justice System

III. Counterterrorism Laws and Procedures in France

The Judicial Preemptive Approach

A “flexible” approach

Role of the Investigating Judge in Terrorism Cases

Motions denied

Unmanageable case files

IV. Criminal Association in Relation to a Terrorist Undertaking

Lack of Legal Precision

Low Standard of Proof behind Decision to Arrest

Casting a wide net

Presumption in Favor of Detention

Intelligence Material and Torture Evidence

Judicial cooperation with the security services

Use of torture evidence

Convictions Based on Weak Evidence

V. Police Custody in Terrorism Cases

French Law and Procedure

Limited Access to Counsel

Right to silence and the right to an effective defense

Ill-treatment in Custody

VI. Impact on Muslim Communities in France

Detailed Recommendations

Acknowledgements

 

July 2008   ISBN: 1-56432-349-8