The secret plan for the justice
It is a secret plan, unveiled today by the Union of the judiciary (SM), documents to the support.
In case of influenzal pandemic, the government considers, on the sly, to upset the rules of working of the judicial institution.
Unique judge, enclosed door, not of contradictory debate, overtime of the temporary detentions...
The cold justice rhymes with militarized.
In a letter opened to the Minister of Justice, Michèle Alliot Marie, communicated in exclusive rights in Libération' the Union denounces will to create a justice of exception by governmental orders ", and "demand expressly" to the minister "to give up the implementation of a such liberticide plan."
The SM reveals that projects of texts modifying the organization and the fonctfonnement of the justice have been transmitted in the biggest secret to the chiefs of court in July 2009" - as well as to the attorneys general.
The first document communiqué is a text allowing the government" to adapt the penal procedure "by" way of order in case of pandemic ".
The second is the project of order himself, "carrying adaptation of the rules of procedure pénale and judicial organization in case of sanitary crisis."
It foresees to confide all penal audiences - whatever is the nature of the offense - to only one magistrate", and that, "in violation of the collegial administration" principle, underlines the magistrates.
It also considers putting back in reason 'the advertisement of proceedings, while foreseeing the possibility to generalize the enclosed door."
The plan pandemic of the justice will also send the miners before the criminal court, contradicting the "constitutional and international" principles.
But the attack to the rights of the justiciables is also without precedent for kept them to view and the convicts.
It is foreseen to defer the possibility to converse with a lawyer at the 24th hour" - rather than au beginning of the close watch -, and "to prolong the delays of temporary detention of 4 to 6 months without audience nor debate before the judge of the liberties and the detention who would enact on file."
Besides, "all delays of prescription" would be suspended.
"These projects of order are revolting, be indignant Emmanuelle Perreux, the chairwoman of the SM.
These are the measures that raise from the State of exception."The SM underlines "the manifest disproportion between a situation of influenzal pandemic and the gravity of the measures considered."
The method is also criticized by the SM, that deplores "the absence of dialogue" and "the infantilisation of the staffs."
The processes of ad hoc dialogue of the ministry - the committee of hygiene and security, and the equal technical committee - have not been consulted indeed.
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