Blog Analysismaritime piracy

Is the new French anti-piracy law perfect?

Destruction of a pirate mother ship (credit: Eunavfor November 2010)

(analysis) The ink on the French anti-piracy bill (1) is not yet dry. And the text has not yet been published in the Official Journal that we can already ask ourselves whether this new text fits perfectly into the jurisprudence of the European Court of Human Rights.

Assuming that the European human rights judge 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 only intervenes after “48 hours of detention” and remains seized by the public prosecutor. His power is, however, 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 ».

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

The decision to sink the ship. It's on simple " authorization of the public prosecutor » that 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.

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Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

One thought on “Is the new French anti-piracy law perfect?"

  • ferrari lopez

    it is only a bill which has not yet been definitively adopted…next reading in the Senate before the end of December…

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