CAIRO — France's anti-terror laws are violating human rights with police arresting large numbers of people on minimal evidence, Human Rights Watch said in a new report on Wednesday, July 2.
"The lack of appropriate safeguards within the criminal justice system puts France on the wrong side of human rights law," HRW said in the report on its website.
The "Preempting Justice: Counterterrorism Laws and Procedures in France" report said French police arrest large numbers of people on minimal evidence.
It said suspects were often detained for long periods under the broadly defined law on "criminal association in relation to a terrorist undertaking".
"Terrorism suspects can be held for up to six days in police custody," it said.
"Suspects can only see a lawyer after three days of police questioning, undermining the right to an effective defense and putting detainees at risk of ill-treatment.
"When they do finally see a lawyer, the visit is limited to 30 minutes and the lawyer usually knows almost nothing about the reason for the arrest."
The 84-page report said prosecution was often based on intelligence material, including from countries with poor records on torture, which defendants could not effectively challenge.
"The breadth of the terrorism association offence can lead to a conviction based on a low standard of proof and weak evidence such as that suspects know each other, are in regular contact, or share particular religious and political beliefs.
"Using the criminal justice system is the right way to fight terrorism," said Judith Sunderland, Europe and Central Asia researcher at HRW.
"But prosecuting people because of who they know and what they think sacrifices basic rights, and that is wrong in principle and dangerous in practice."
France prides itself on having the most effective anti-terrorist system in Europe.
The country has a team of specialist magistrates operating in close contact with the intelligence services.
France has not suffered a terrorist attack since 1996 but authorities say they have foiled a number of plots.
Alienation
HRW cited the case of Rachida Alam, 34, who was arrested along with her husband in May 2004.
"She was subjected to 25 hours of interrogation during her three days in police custody without once seeing a lawyer.
"A diabetic, Alam had to be taken to the detention facility’s hospital three times."
Emmanuel Nieto, 33, was also arrested in October 2005 largely on the basis of statements made by a man detained arbitrarily in Algeria.
Nieto cited physical abuse at the hands of the police during his four days in custody, including being punched, forced to kneel for long periods of time, and grabbed by the throat.
"He was questioned for a total of 45 hours in 13 different sessions."
HRW warned that the French approach risked alienating Muslims, radicalizing individuals and eroding trust in law enforcement and security authorities.
"Neighbors are less likely to tip off the police about suspicious behavior if they don’t believe the accused will be treated fairly."
"(President Nicolas) Sarkozy has called the fight against terrorism a 'battle of ideas,'" Sunderland said.
"The way to win that battle is to ensure that countering terrorism doesn't come at the expense of the human rights of suspects."
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