France’s controversial bill on global security would be incompatible with international human rights law, and should be comprehensively revised, human rights experts have said.
“It is a good sign that members of the Parliament have said they will rewrite Article 24 restricting the publication of images of police officers, but it needs to go further and rethink the purpose of the bill as a whole,” the experts said. “Simply rewriting Article 24 will not solve its flaws, and the provision is certainly not the only one that infringes on fundamental human rights.”
Approval of the draft 'global security law' by the National Assembly prompted tens of thousands of people to protest in cities all over France. Protesters were also angry about videos showing police violently breaking up a migrant camp in the heart of Paris, and the beating of a Black music producer by police officers that was caught on security camera footage. Four police officers have been charged in connection with that incident.
“These are very timely reminders that images of police abuse captured by the public play a vital role in oversight of public institutions, which is fundamental to the rule of law”, said the experts.
“Among many other provisions in the bill that could limit human rights, Article 22 permitting use of drone surveillance in the name of security and counter-terrorism would permit widespread surveillance, in particular of demonstrators. This has serious implications for the right to privacy, freedom of peaceful assembly and freedom of expression in the country – as well as in any other country that might be inspired by this legislation”, they added.
"The introduction of such surveillance measures must take into account new technologies, including facial recognition and the massive and indiscriminate collection of personal data, which could deter people from exercising their human rights", they warned.
While welcoming the establishment of a commission led by the President of the National Human Rights Commission to formulate recommendations to Article 24, they urged the authorities to undertake a comprehensive evaluation of the compatibility of the whole bill with international law.
The experts have previously expressed their concerns regarding the law to the French authorities and reiterate their availability to provide any technical assistance the authorities may require in this context.
The experts are: Irene Khan, Special Rapporteur on the right to freedom of opinion and expression; Clément Nyaletsossi Voule, Special Rapporteur on Rights to Freedom of Peaceful Assembly and of Association; Fionnuala Ní Aoláin Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Nils Melzer, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary executions.
* Office of the High Commissioner for Human Rights https://www.ohchr.org/EN/Pages/Home.aspx
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