International Journal on Criminology Volume 4, Number 2, Winter 2016 | Page 91

The Legal Scheme of Exceptional Circumstances
Article 3 enables limiting the use of special measures authorized by the state
of emergency to only what is strictly necessary, by allowing the Government to end
these measures by decree in consultation with the ministers before the deadline is
reached. In this case, it is reported to Parliament.
Article 4 adapts and strengthens the provision of house arrest provided for
in article 6 of the law of 1955, in order to make it more effective and functional,
by applying a scheme comparable to what is provided for in the Code for Entry
and Residence of Foreign Persons representing a threat to the public order, who are
placed under house arrest while awaiting deportation. It aims to limit the freedom of
movement of persons to whom it is applied and to limit their ability to contact other
persons considered as dangerous, in a context in which law enforcement is greatly
mobilized.
First, point 1 of article 4 updates the terms in the first subparagraph that
designate the place of house arrest, which must be determined by the minister of
the interior. Second, it changes the measure’s field of application in order to better
respond to the targeted goal and reality of the threat by substituting the terms “[of
any person] whose activity is considered dangerous for public safety and order,”
which seems too restrictive, with the terms “[of any person] concerning whom there
are serious reasons to believe that his/her behavior constitutes a threat to public
safety and order,” which enables including persons who have attracted the attention
of police or intelligence services by their behavior, acquaintances, words, plans...
Finally, to the extent that the places for house arrest are, if necessary, outside the
district where the person held normally resides, it provides the minister of the interior
with the ability to have the affected person taken to that place by police or gendarme
services in order to ensure the measure is carried out.
The sub-paragraphs that follow provide the means for the minister of the
interior and law enforcement to verify that the person concerned remains within the
confines of the house arrest and to limit his/her freedom of movement. Thus, the law
allows the minister to order the person held to remain in the places of residence he/
she designates for a certain time period, at a limit of 8 out of 24 hours. The second
subparagraph provides for requiring him/her to present him/herself to police or
gendarmerie services at set intervals, limited to three times per day, and establishes
a requirement to hand in his/her passport or any other identity cards in exchange for
a receipt. It also enables the minister of the interior to prohibit the person held from
entering into direct or indirect contact with certain named individuals about whom
there are serious reasons to believe that their behavior represents a threat to public
safety and order.
The third subparagraph provides for the dissolution of associations or de
facto groups causing serious harm to the public order, under conditions specific to the
state of emergency, given especially the role of logistic support or recruiting these
organizations may have.
The fourth subparagraph adapts the appeal procedure that may be exercised
against measures taken in applying the law, by broadening the guarantees which have
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