Targeted by an obligation to leave the territory, the alleged murderer of Filipinawhose body was found in the Bois de Boulogne, was released at the beginning of September by decision of the judge of freedoms. Ludovic Friat, unionized magistrate at the Union Syndicale des Magistratesformer judge of liberties, explains on RTL what motivated this decision while the prefect, therefore the State, demanded to keep him in detention, considering that he was still dangerous.
“Without obviously knowing the merits of the case, we must remember one thing, he assures: the judge of freedoms, like all judges, applies the law. It is not he who makes it, it is the politician who makes the law. He applies it, he sometimes appreciates it, but he never creates it.” The magistrate specifies: “In this case, we are dealing with a very precise text, which is a text from the Code of Entry and Stay foreigners and the right to asylum, article L742-5, which provides for the possibility for an OQTF to keep someone in detention in an administrative detention center for a maximum period of 90 days. The typical duration is twice a month. And afterwards, you have the possibility of extending exceptionally, says the text, for two fifteen days.”
Here, the judge decided not to extend. “In this case, it must be clearly understood that with regard to this fourth request for extension, the text is very restrictive, it is exceptional”explains Ludovic Friat. In her decision, the judge explains in her order that “no behavior from the person concerned would have posed a threat in the recent period.” In other words, he has been wise these last two weeks.
The judge is bound by the text that he must apply
Ludovic Friat
“The text says, indeed, one can refuse to release for a reason of public order, but unfortunately, the text is such that the disturbance of public order must be in the administrative detention centerspecifies the magistrate. We cannot aim for a disturbance in public time outside. We can regret that this text is very restrictive, but the fact remains that it is the text and that the judge is bound by the text that he must apply.”
To RTL, a listener expressed his incomprehension: “Someone who releases, who releases, even if it is a supervised release, I believe that this person is rather unconscious“.
“This reaction is understandable because we are going to say that common sense and the law for this specific case do not come together, reacts the specialist. Placement in an administrative detention center is a measure restricting freedom. It is for this reason the legislator has provided for very strict conditions, particularly when the decision has already been taken once, twice, three times, four times. There, the text says that it must be exceptional and. imposes a certain number of restrictions on the judge.
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