Contrary to what some media understood, Omar bin Laden, a painter accused of advocating terrorism, had already left French territory, after an OQTF pronounced in 2023.
“Bruno Retailleau expels from France the son of Bin Laden, resident of Normandy”, titled the JDD this Tuesday, October 8. While South West announced: ““Apology for terrorism” : the 4th son of Osama bin Laden, who lives in France, targeted by an OQTF [obligation de quitter le territoire français, ndlr], Retailleau announcement. Neither information is correct: Omar bin Laden, son of Osama bin Laden, is not today targeted by an OQTF and has not, or will not be, expelled from the territory… since he is no longer there anymore. He actually left France in 2023 after the OQTF taken against him by the prefect of Orne.
At the basis of these confusions, the announcement by the new Minister of the Interior, Bruno Retailleau, on Tuesday on his X account, of a “administrative inadmissibility” targeting Omar bin Laden.
“I am pronouncing today an administrative ban on the territory against Mr. Omar bin Laden, eldest son of the international terrorist Osama bin Laden, he writes, specifying that Mr. Bin Laden, based in Orne for several years as the spouse of a British national. had “welcomed on its social networks in 2023 comments relating to the apology of terrorism”.
The comments in question, which the person concerned denies having made, consisted of a tribute to his father, killed by American special forces in 2011.
“Consequently, the prefect of Orne [avait] took an OQTF and obtained the departure of Mr. Bin Laden, continues Bruno Retailleau. Justice confirmed the legality of this decision taken for national security. The administrative ban on the territory guarantees the impossibility for Mr. Bin Laden to return to France for any reason whatsoever.”
According to a source close to the matter, Omar bin Laden had also left the country voluntarily, by his own means, following this decision. We cannot, therefore, literally, qualify this departure “of expulsion”, which refers to another specific measure in French law.
“Serious threat to public order”
The decision announced by Bruno Retailleau comes after the Caen administrative court, Friday October 4, rejected Omar bin Laden’s appeal against this OQTF which targeted him in 2023 and led to his leaving France. Note that, according to documents consulted by BFMTV, the prefect of Orne had imposed a two-year ban on returning to French territory against the OQTF.
Osama bin Laden’s son could therefore not (if he wished), in any case, return to France before next year. On the other hand, Bruno Retailleau’s decision deprives him of the possibility of doing so later. The administrative interdiction of the territory (IAT), a measure taken directly by the Minister of the Interior, is indeed intended to be a more lasting measure, to prohibit the territory.
“These IATs were established and widely used particularly in the context linked to the black bloc, the Earth Uprising movement, or at international summits too, recalls Serge Slama, professor of public law at Grenoble-Alpes University. The idea, for the French public authorities, is to prevent the arrival of certain foreign demonstrators based on the reporting of foreign intelligence.”
The entry and stay of foreigners code provides that an IAT may be taken against a person who “would constitute a serious threat to public order”. “For Omar bin Laden, the IAT aims to promote terrorism [selon Bruno Retailleau]. And this crime is undoubtedly considered a serious threat to public order, notes by Serge Slam. There is perhaps a question about the proportionality of this decision in relation to the alleged facts. In any case, Omar bin Laden will be able to challenge the IAT. In the meantime, it will produce effects as long as it is not repealed.” Unlike, for example, a ban on returning to French territory, which can be pronounced at the same time as an OQTF, and which has a maximum duration of five years.
“Appeal this unfair decision”
On her Facebook account, Omar bin Laden’s companion indicated Tuesday, October 8 that he will “appeal this unjust decision”, taken based on a tweet “that he didn’t post” and for which he “has never been convicted” by justice, according to her.
According to the administrative decision of October 4, cited by BFMTV, Omar bin Laden recognized that the Twitter account was indeed his but assured that the tweet had been published by “a trusted person” who had his identifiers. The judge ruled that Osama bin Laden’s son had no “nor sought to remove [les propos] or to publicly condemn them, or to denounce their supposed author.”
Omar bin Laden arrived in France in 2016 and settled in Normandy, as told in a portrait published in 2022 by France Info. He was then presented as “a discreet man” who exhibited and made a living from his paintings. In an interview with Point, a few weeks earlier, he explained that he had “totally detached” of his father, even before the attacks of September 11, which had “screwed up [sa] vie».
