The Sages have decided. The Constitutional Council validated on Friday most of the provisions of the new anti-terrorism law, definitively adopted by Parliament on July 22.
In its decision, however, the Council reduced to 12 cumulative months, instead of 24 cumulative months, the individual administrative control and surveillance measures (Micas) that can be applied to certain detainees convicted of terrorism and having served their sentence.
Decision n ° 2021-822 DC of 07/30/2021 [Loi relative à la prévention d’actes de terrorisme et au renseignement] Partial non-compliance – reservationhttps://t.co/wzcMyeTuhP pic.twitter.com/dVOL7FjMNC
– Constituent Council (@Conseil_constit) July 30, 2021
The main articles of the law validated
It validated a flagship article, a “judicial measure of prevention of terrorist recidivism and reintegration” applicable to perpetrators of terrorist offenses, and decided at the end of their sentence in consideration of their “particular dangerousness”, in order to subject to certain obligations.
The new system provides in particular for the obligation to establish his residence in a given place, to respond to summons from the judge responsible for the application of sentences or to respect health, social, educational or psychological care. This will only apply to detainees sentenced for terrorism to terms greater than or equal to five years in prison.
The Wise Men have also ruled that a controversial article reforming access to classified archives is constitutional. This provision provides for liberalizing access to certain archives for study and research purposes, but in return introduces exceptions to the 50-year period provided for the declassification of the most sensitive documents.
Experimental arrangements
The law on the “prevention of acts of terrorism and intelligence” brings into common law the emblematic but experimental provisions of the law “internal security and the fight against terrorism” (Silt) of 2017.
The intelligence component intends to draw the consequences of the technological and legal developments of the last five years. It thus perpetuates the so-called algorithm technique: automated processing of Internet connection and browsing data, thanks to the cooperation of access providers, in order to identify risky profiles.