The National Assembly on Wednesday approved the possibility of remotely activating mobile phones to listen to and film people targeted in organized crime and terrorism investigations. After the senators, the deputies validated by 80 votes against 24 this key article of the programming bill for justice, examined at first reading since Monday at the Palais-Bourbon.
The deputies of the presidential camp, LR and RN voted in favor. Those of Nupes voted against, like the president of the LIOT group, Bertrand Pancher.
Article 3 provides for authorizing the remote triggering of cameras or microphones of computers and other connected devices, such as telephones, without the knowledge of the persons concerned, with two different purposes. On the one hand, real-time geolocation for certain offences. On the other hand, the activation of microphones and cameras to capture sound and images, which would be reserved for cases of terrorism and delinquency and organized crime.
The left is upwind against these provisions “invasion of privacy”La France insoumise (LFI) evoking a “authoritarian drift” and recalling criticism from lawyers or NGOs. Isolated in the presidential camp, Mireille Clapot (Renaissance relative) also felt that there was a “disproportion” between the desired goal and these measures, a “eye that would watch over us”.
But for the Minister of Justice, Eric Dupond-Moretti, “there are people whose lives we will save” : “We are far from the totalitarianism of 1984 »the novel by George Orwell.
A maximum of six months
The presidential camp underlines the “guarantees” brought. Capture would be reserved for business “more serious” and authorized fifteen days renewable once by the judge of freedoms and detention, and two months renewable by an examining magistrate up to a maximum duration of six months.
Eric Dupond-Moretti compares it to the “old technique” microphones or cameras placed in suspects’ homes. Another argument: the remote triggering of connected devices is already used by “intelligence services”without the authorization of the judge, which will be essential here.
As for geolocation, it ” Already exists “ with beacons and the demarcation of telephones, for crimes and misdemeanors punishable by at least three years of imprisonment, hammers the minister. But the “thugs” remove the beacons and their installation is “dangerous” for the investigator, he continues.
Reinforced “safeguards” in committee
In committee, MEPs reinforced “safeguards” with more professions “protected” of these investigative techniques: doctors and journalists in addition to lawyers, magistrates and parliamentarians. Amendments from the left tried in vain to specify that journalists without press cards should also be protected, the minister deeming the precision superfluous.
The LFI group, opposed to the measure as such, however had the bailiffs and notaries of the professions removed by amendment. “protected”believing that there was no valid reason for them to be, and not the rest of the population.
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In this vast article 3 of the text, are also provided for the extension of the use of night searches and the possibility of using a teleconsultation for a medical examination during an extension of police custody.
MPs from several opposition groups have tried, without success, to remove the possibility for a judge, under certain conditions, to place under house arrest with electronic monitoring a person who has been released from pre-trial detention because of a procedural error. Today, only placement under judicial supervision is possible. “It’s an additional modality”defended the minister.
“Because of the lack of means of justice, would there be more errors [de procédures] what makes you propose to cover up irregularities by making them regular? »replied the communist deputy Elsa Faucillon.