UN Rights Experts Say France's State of Emergency Imposes 'Excessive Restrictions'

A group of United Nations human rights experts have challenged the French government over a series of "exceptional measures" introduced by the state in the wake of the November 13 terror attacks that killed 130 people in Paris. In a statement published on Tuesday, they criticized France for imposing "excessive and disproportionate restrictions on fundamental freedoms" as part of the state of emergency that was declared following the assault.

The day after the attacks, the government declared a temporary state of emergency, resurrecting emergency legislation from 1955 that gives sweeping powers to the police and other authorities. On November 19, French lawmakers approved extending the state of emergency through February 26, 2016.

The statement was delivered by five UN special rapporteurs — independent experts working on behalf of the UN — who warned of "the lack of clarity and precision" of several of the emergency measures, which they feared might lead to "arbitrary procedures." The group included David Kaye, special rapporteur on freedom of opinion and expression; Maina Kiai, special rapporteur on the rights to freedom of peaceful assembly and of association; Michel Forst, special rapporteur on the situation of human rights defenders; Ben Emmerson, special rapporteur on the protection and promotion of human rights and fundamental freedoms while countering terrorism; and Joseph Cannataci, special rapporteur on the right to privacy.

France's state of emergency legislation allows the government and the police to search and detain people without a warrant, place suspects under house arrest without prior judicial clearance, block certain websites, and ban public gatherings.

Related: What Exactly Does France's State of Emergency Entail?

According to the French radio station Europe 1, French President François Hollande is planning to extend the state of emergency well beyond its February 26 expiration date — a move that would need to be approved first by the Council of Ministers and then by Parliament. Hollande could introduce a motion to extend the state of emergency in the first week of February, the station reported.

The government declared on Wednesday that it would make a decision on this "in the coming days." The French Human Rights League announced meanwhile that it had petitioned the Council of State, which acts as the country's supreme court for administrative justice, to end the state of emergency, which it said constituted "a serious and apparently illegal breach of several fundamental freedoms."

Police in France have conducted more than 3,000 warrantless searches since the introduction of the emergency measures, and have seized hundreds of firearms.

On Wednesday, officers conducting a warrantless search on the homes of two men in the southwest of France seized nearly 30 firearms and 200 kilos of ammunition. The men, a father and his son, are suspected of belonging to extreme, far-right movements. The son was previously arrested in 2013 and charged with plotting to attack a mosque.

The five independent UN experts noted that the reasons used to justify house arrests under the state of emergency legislation were "very vague."

They expressed their concern over allegations that French authorities placed environmental militants and activists under house arrest ahead of the COP21 climate conference held in Paris in December, depriving them of their right to peaceful protest.

The group made a point of criticizing measures that allow the authorities to dissolve groups and organizations and block websites without judicial review. According to the French Interior Ministry, no websites have yet been blocked under the new legislation.

While journalists are shielded from the state of emergency somewhat because of their profession, their homes can still be subject to warrantless searches. This was of particular concern to the experts, who noted that a reporter's home is often "an extension of their workplace," and could be used as such to store sensitive information.

Related: Surveillance, Paranoia, and Life Under a State of Emergency in France

The experts were also concerned that a surveillance law adopted in November 2015 allowed authorities to monitor international communications — again, without judicial approval — under circumstances that they described as "extremely far-reaching." They highlighted the importance of "formulating rules and procedures that equally respect and protect the rights of any individual, regardless of their nationality or their location."

"As France debates the strengthening of measures in the fight against terrorism, and considers a reform of the criminal procedure, we call on the authorities to revise the provisions and possible reforms adopted to that end, to ensure they comply with international human rights law," they concluded.

The French government has not yet responded to the concerns expressed by the group.

Follow Pierre-Louis Caron on Twitter: @pierrelouis_c