July 2, 2008

Preempting Justice

Counterterrorism Laws and Procedures in France

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