Sunday morning, the Algerian influencer Doualemn, expelled from France but sent back to France by Algeria on Thursday January 9, was heard by a judge in Mesnil-Amelot (Seine-et-Marne). While awaiting the deliberation, three options are emerging. Either he returns to an administrative detention center for a further period of one month, or he is placed under house arrest, or he is released.
The 59-year-old man, under the influence of an OQTF, had broadcast content inciting hatred on his TikTok account. “Kill him, let him suffer“, he declared about an anti-Algerian regime demonstrator. Initially arrested then taken into custody while awaiting his immediate appearance set for February 24, this father was finally placed in a detention center before to be deported to Algeria on Thursday morning.
Settled on his fate in the afternoon
Once there, the country refuses to unload him. Algiers took a ban measure concerning him (enshrined in an exceptional law of 2008) providing for the banning of the territory of any national likely to represent a threat, in particular terrorist as explained by Public Senate. This situation therefore forced France to repatriate this man to its soil because international law prevents leaving an individual on the airport tarmac if the country’s authorities refuse to let him enter. Head to the Mesnil-Amelot administrative detention center.
Present irregularly on French soil for more than 20 years, Doualemn is married to a woman of French nationality with whom he has children. According to his lawyer, whose comments were reported by BFM TV, Doualemn would be the victim of a media storm born of “conflict between France and Algeria“. His client would be “traveled through these two countries“, This father will be decided on his fate during the day of Sunday.
Doualemn will then be judged (as initially planned) on February 24 for “provocation to commit a crime“. The administrative judge will weigh the alleged facts against his family ties, as public law professor Serge Slama explained to Public Senate.
Knowing that the European Convention on Human Rights guarantees a certain number of individual rights and freedoms in the States which have ratified it, it is possible that the OQTF will be annulled. Because according to article 8, “Everyone has the right to respect for their private and family life, their home and their correspondence.. So, “There can only be interference by a public authority in the exercise of this right to the extent that this interference is provided for by law and that it constitutes a measure which, in a democratic society, is necessary for national security, public safety, the economic well-being of the country, the defense of order and the prevention of criminal offenses, the protection of health or morals, or the protection of the rights and freedoms of others .”
