The debate over the execution of OQTFs has resurfaced in the debate. It must be said that this measurement is a rather complex exercise. Particularly because of an essential document: the consular pass.
He had called on his community to carry out attacks in France. Influencer Zazou Youssef was arrested this Friday morning in Brest. This 25-year-old man is followed by nearly 400,000 followers on TikTok on New Year's Eve.
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This Algerian national, under OQTF since April, had clearly called for attacking opponents of the Algerian regime in France. “Shoot them! We have to make the powder speak,” he declared in videos.
He was arrested for inciting hatred and advocating terrorism. Furthermore, that same day, two men were tried for thefts committed during Christmas night.
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“France has the burden of proof even though it does not necessarily have the means of identification”
In both cases, these are men of Algerian nationality targeted by an OQTF who have not yet been executed. And this inevitably reignites the debate on the effectiveness of this tool. It must be said that the execution of OQTFs is a rather complex exercise, in particular because of an essential document: the consular pass.
When France imposes an obligation to leave the territory against a foreign national, if he does not have papers, he cannot be sent back immediately. The administration must first find its country of origin and obtain the famous pass from there. A process that is too restrictive, according to Fernand Gontier, former central director of the border police.
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“France has the burden of proof even though it does not necessarily have the means of identification and for many, this relies on the one hand on the good will of the foreigner himself and of the country which is requested,” he explains.
A difficulty of application depending on the country
A good will which varies greatly depending on the country. Firstly depending on the diplomatic relations maintained with France, but also on the profile of the person returned, explains the former police officer.
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“One cause of failure is the unwillingness of certain countries to recognize their nationals, especially when they are convicted or when they are radicalized. If there is a direct link between the state of diplomatic relations and the level, the percentage of consular passes issuance, it is undeniable”, argues Fernand Gontier.
For example, this is what poses a problem with Algeria. And this for several months, since between the recognition of Moroccan sovereignty over Western Sahara and the Boualem Sansal affair, relations are at their lowest, which significantly slows down the issuance of consular passes.
