Is the new French anti-piracy law perfect?

(analysis) The ink of the French anti-piracy bill (1) is not yet dry. And the text is not yet published in the Official Journal that we can already ask ourselves the question if this new text falls perfectly within the nails of the case law of the European Court of Human Rights.

Assuming that the European judge of human rights considers himself competent for facts occurring on the High Seas - which may not be systematic (2) - three or four provisions could pose a problem, at first sight.

The intervention of the judge of freedoms. The judge intervenes only after "48 hours of detention" and he remains seized by the public prosecutor. However, his power is limited: he must go through the public prosecutor to obtain " all elements of nature a? assess the material situation and the state of health? of the person ».

Lack of recourse on detention. " The liberties and detention judge rules by reasoned order not subject to appeal” on the measures of restriction or deprivation
of freedom? of the suspects. It can also be noted that at no time is the intervention of a lawyer foreseen.

The decision to sink the ship. It's on simple " authorization of the public prosecutor "what takes place" the destruction of boats without a flag that were used for? commit the offenses ". However, this could be considered as an infringement of property.

Read also:

• (1) France adapts its penal code to modern piracy, a necessity
• (2) The “lessons” of the Medvedyev (Winner) judgment for piracy (updated) The judge set some conditions to recognize his jurisdiction.