CONSCIENTIOUS OBJECTORS
Conscientious objectors to military service
continued to be punished for refusing to
undertake alternative civilian service, which
remained punitive and discriminatory in
length. The duration of alternative civilian
service was 347 days, more than double the
shortest military service period of 165 days.
FRANCE
French Republic
Head of state: Emmanuel Macron (replaced François
Hollande in May)
Head of government: Édouard Philippe (replaced
Bernard Cazeneuve in May)
The state of emergency, introduced in
2015, was eventually lifted. A new law
increased the government’s powers to
impose counter-terrorism measures on
vague grounds and without full judicial
scrutiny. Authorities continued to return
Afghan nationals to Afghanistan in violation
of the principle of non-refoulement. A new
vigilance law imposing obligations on large
companies entered into force.
COUNTER-TERROR AND SECURITY
In July, Parliament approved the
government’s proposal to extend the state of
emergency until 1 November and then to end
it. It had been in force since the attacks
carried out in the capital, Paris, on 13
November 2015.
In October, Parliament adopted a
governmental bill to introduce new counterterrorism measures into ordinary law. The law
increased the powers of the Minister of the
Interior and the prefects to impose
administrative measures on individuals, in
cases where there was not sufficient
evidence to open a criminal investigation.
The measures included restrictions on
freedom of movement, house searches,
closure of places of worship, and the
establishment of security zones where law
enforcement officials were permitted to
exercise enhanced stop-and-search powers.
166
The law required prefects to seek a judicial
authorization only in respect of searches.
The UN Special Rapporteur on the
promotion and protection of human rights
and fundamental freedoms while countering
terrorism had in September expressed
concern that the bill included a vague
definition of what constituted a threat to
national security and had the effect of
transposing emergency measures into
ordinary law.
FREEDOM OF ASSEMBLY
Prefects continued to resort to emergency
measures to restrict the right to freedom of
peaceful assembly. In particular, they
adopted dozens of measures restricting the
freedom of movement of individuals to
prevent them from attending public
assemblies. Authorities imposed these
measures on vague grounds and against
individuals with no apparent connection with
any terrorism-related offence. Prefects
imposed 17 measures to prevent individuals
from participating in the public assemblies
calling for police accountability after a young
man reported he had been raped by a police
officer on 2 February. The Paris Prefect of
Police imposed 10 measures to prevent
protesters from attending the public
assembly scheduled for International
Workers’ Day on 1 May.
On 5 January, a police officer was indicted
for firing a sting-ball grenade that blinded
protester Laurent Théron in one eye. The trial
of the police officer was ongoing at the end of
the year. The investigation into the alleged
excessive use of force by police against
dozens of protesters who had attended the
public assemblies organized in 2016 against
the reform of labour laws was still ongoing at
the end of the year.
In March, a new law on the use of force and
weapons by law enforcement officials entered
into force. The law permitted the use of some
weapons, including kinetic impact projectiles,
in instances that did not fully comply with
international standards.
In June, the Constitutional Court ruled that
the emergency measure that had allowed
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