Extension of the secret
June 18, 2009 at 11:44 am , by
What fly has stung Mr. Hervé Morin? In the law on military programming for 2009-2014, adopted on Tuesday 18 June by the National Assembly, the french minister of defense has to insert a provision for extending the scope of the “secret”, which a priori no Nothing to do in this type of text. This diposition mark, in addition, a break with the legal tradition: for the first time, the “secret” – already subject of much controversy in the past – do not focus only on classified documents, but in places where they could be held, which is equivalent, as the chairman of the Committee on Laws, the UMP Jean-Luc Warsmann, “the zone of lawlessness where legislative judges will never come.”
Surprise effect
Failure to compromise
Military card
The current Penal Code “itself to refer to administrative rules for the classification of information and sensitive data,” explains Nicolas Braconnay, member of the Union of Magistrates. The classification decision is a discretionary power of the administration, from each Minister in the conditions laid down by the Prime Minister. Three levels of classification exist, corresponding to the sensitivity level of information protected and the level of clearance to access “[1].
But in the future, the french government wants to avoid having to deal with surprise raids decided by judges, as happened in the context of investigations into the affairs of frigates to Taiwan, Clearstream case or the death of Judge Borrel. The White Paper on Defense and Security published in June 2008, which focuses on intelligence, now presented as the first strategic function, actually provided greater protection of national defense, including “some highly sensitive locations, whose existence or purpose is in itself of national defense. ” And he added: “Specific rules for judicial searches conducted in places classified or harboring secrets of national defense will also be the subject of legislation.”
Surprise effect
Consulted on these items 12 to 14 included in the bill of programming, Mr. Jean-Luc Warsmann yet a member of the presidential majority, said “the duty of the Law Commission called members not to make their voices “in a text which is” a revolution in the french law “:” In sum searched the authority which would allow the magistrate to conduct his search, he is also the judge Braconnay Nicolas, executive power is being able to do obstacle frontally and without appeal pursuant to a judicial act. ” Indeed, a judge wishing for a search will have to learn in advance from the Advisory Committee on national defense (CCSDN) and be accompanied by the President of this government.
But it was the defense committee in the National Assembly, rapporteur of the text, which had the last word, after having included some facilities to “calm down” the legislation:
finally, places classified “secret” [2] – the number of nineteen “for now,” assured the minister Hervé Morin – would be for a period of five years;
Decision of the Prime Minister on this classification is public (as was envisaged by the Committee for Defense of … keep the list secret, so that no appeal would never have been possible);
and guarantees would be made to maintain any search its effect of surprise, and avoid diversion maneuvers and other “cleansing” of land.
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