Lawyers challenge Darmanin’s ability to take Micas during current affairs period

The resigning French Minister of the Interior, Gérald Darmanin, at Place Beauvau, in Paris, on August 28, 2024. STEPHANE DE SAKUTIN / AFP

This is a means that had not been raised until now: Wednesday, September 4, Mr.es Romain Ruiz and Raphaël Kempf to plead “incompetence” and the “misuse of power” of the resigning Minister of the Interior, Gérald Darmanin, during an appeal before the administrative court of Amiens intended to annul an individual measure of administrative control and surveillance (Micas) taken against their client, Mélanie L. (the first name has been changed, her professional entourage being unaware of this measure). The Micas are similar to a kind of house arrest, in fact restrictions on the perimeter of movement, taken against people released from prison or never convicted but suspected of being able to disturb public order, often in connection with terrorist motives.

One hundred and fifty-five Micas, according to Gérald Darmanin, were issued on the occasion of the holding of the Paris 2024 Olympic and Paralympic Games (OPG). An unprecedented figure since the state of emergency in force from 2015 to 2017: the Micas replaced house arrests from the “internal security and fight against terrorism” law of 2017. A rare thing, The Minister of the Interior issued Micas targeting people who had not been convicted or even indicted, based solely on “white notes” (not signed or sourced) from the intelligence services attached to the requests.

Convicted of receiving stolen goods in a common law case, Mélanie L. is accused in the intelligence note accompanying her Micas of having sympathized, during her detention, with a presumed jihadist repatriated from Syria.

“A succession of destabilizing decisions”

In the case of Mélanie L., three successive Micas were issued. The first, on July 2, ordered her not to leave her commune in the Somme. However, she must report every day at 7 a.m. to the Amiens police station. “including Sundays, public holidays or bank holidays”The administrative court partially annulled this decision, which it considered disproportionate: the Micas, originally three months long, ends on September 8, when the Paralympic Games close.

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The Ministry of the Interior appealed and, pending judgment, issued a second Micas on July 30: Mélanie L. was authorized to go to her place of work specified in the order; her daily clocking-in requirement was moved to 10 a.m. On August 26, due to the passage of the Olympic flame in Amiens, she was virtually prohibited from any travel. On August 30, a third Micas was decided by Beauvau, who once again moved the clocking-in time to 8:15 a.m. and authorized Mélanie L., from August 1is September, to take and pick up his daughter from college in a neighboring town. “This series of decisions is particularly destabilizing for my client who is trying as best she can to reintegrate into the workforce.”pleads M.e Ruiz.

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