19 January 2016 A group of United Nations human rights experts warned today that the current state of emergency in France and the country’s law on surveillance of electronic communications impose excessive and disproportionate restrictions on fundamental freedoms.
“As France debates the strengthening of measures in the fight against terrorism, and considers a reform of the criminal procedure, we call on the authorities to revise the provisions and possible reforms adopted to that end, to ensure they comply with international human rights law,” the UN experts said in a press statement.
In a list of concerns to the French Government, the independent experts stressed a lack of clarity and precision on provisions regarding several state of emergency and surveillance laws that relate to the legitimate rights of privacy and freedoms – of expression, peaceful assembly and association.
To guarantee the rule of law and prevent arbitrary procedures, the experts recommended the adoption of prior judicial controls over anti-terrorism measures. Since the recent terrorist attacks in France, the state of emergency law in force, which temporarily expands the executive powers in the fight against terrorism, only allows judicial review a posteriori.
The UN experts also noted that the November 2015 law on surveillance of international electronic communications expands the executive power over the collection, analysis and storage of communications content or metadata – without requiring prior authorization or judicial review.
“Ensuring adequate protection against abuse in the use of exceptional measures and surveillance measures in the context of the fight against terrorism is an international obligation of the French State,” they stated.
The UN experts also expressed alarm that environmental activists in France have been under house arrest in connection with the state of emergency invoked following the November attacks. “These measures do not seem to adjust to the fundamental principles of necessity and proportionality,” they said, highlighting the risks faced by fundamental freedoms in the fight against terrorism.
Calling on France not to extend the state of emergency beyond 26 February 2016, they said, that: “While exceptional measures may be required under exceptional circumstances, this does not relieve the authorities from demonstrating that these are applied solely for the purposes for which they were prescribed, and are directly related to the specific objective that inspired them.”
The independent experts – David Kaye, Special Rapporteur on freedom of opinion and expression; Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Michel Forst, Special Rapporteur on the situation of human rights defenders; Ben Emmerson, Special Rapporteur on the protection and promotion of human rights and fundamental freedoms while countering terrorism; and Joseph Cannataci, Special Rapporteur on the right to privacy – expressed their solidarity and deepest sympathy to the victims of the terrorist attacks committed in France and many other places in the world.
Special Rapporteurs, who are not UN staff and are independent from any government or organization, are appointed by and report to the Geneva-based UN Human Rights Council.
News Tracker: past stories on this issue