"Serious threats": the Constitutional Council is seized of the drug trafficking law by left-wing MPs

Left-wing MPs announced on Wednesday, May 7, that they had referred numerous articles of the "drug trafficking" law adopted by Parliament to the Constitutional Council, which they believe "poses serious threats to our rule of law."

Supported by rebellious, ecologist and communist elected officials, a first appeal attacks in particular the much-discussed creation of high-security quarters in prisons for the most dangerous traffickers .

The deputies are asking the Council to censor the article containing this measure, which has become emblematic and was introduced in committee in the Assembly: the most dangerous traffickers would be assigned to these new districts, by decision of the Minister of Justice, under certain conditions.

This regime provides, among other things, for supervised full-body searches in the event of contact without the supervision of an officer. But the applicants see it as a "legislative rider," without sufficient connection to the initial text, which, according to their appeal, contained "no provision relating to the prison regime."

On the substance, they criticize its wording for being too vague, particularly in its ambition to "prevent the pursuit or establishment of links" with criminal networks.

"The text does not specify the nature or intensity of the 'links' to be prevented," they criticize, judging that it also contravenes "human dignity" by providing for a "systematization of full body searches without sufficient supervision."

Another article targeted: the experimentation with the use of algorithmic intelligence against drug trafficking, a technique already authorized against terrorism and foreign interference, but which the deputies consider "disproportionately invasive of privacy."

The MPs also called for the censorship of other measures, such as the remote activation of electronic devices for wiretapping or a one-month ban on appearing in places linked to trafficking activities.

The creation of a separate report ("safe file") to avoid disclosing certain information to traffickers and their lawyers is also targeted, with the deputies deeming it contrary to the "rights of the defense" and to a "fair trial."

The rebels have filed a second appeal, which notably highlights the creation of a national anti-narcotics prosecution service, a major measure in the text, but which, according to them, could "create inequalities of treatment between defendants" contrary to the Constitution.

They also denounce the conditions for the administrative closure of businesses suspected of money laundering, a power conferred on prefects. While they consider this in itself contrary to certain principles such as "freedom of enterprise," they also believe that "the absence of judicial oversight" "undermines the principle of the separation of powers."