How does the ECHR motivate its decision?
This is called an unexpected reversal of jurisprudence. Within a year, the Strasbourg Court delivered two decisions at the antipodes: after having opposed for years, and again in February 2018, the expulsions to Algeria of individuals convicted of terrorism, it comes to endorse one. " It's the first time ", concedes an internal source of the ECHR.
Freeing terrorist detainees, a challenge for the authorities
The applicant, a 34-year-old Algerian suspected of wanting to join al-Qaeda in the Islamic Maghreb (AQIM) and who provided money to the organization, was sentenced to six years in prison in 2015 for " conspiracy " in connection with a terrorist enterprise. Targeted by an expulsion order on his release from prison, he seized Strasbourg in the wake, convinced to have the case law for him. Wrongly. The Strasbourg judges have, against all odds, validated the choice of the French authorities.
Why such a reversal of jurisprudence?
The court considers that "The situation in Algeria has changed", that Algiers "Changed his practices" and, in particular, introduces "Constitutional reforms" more in line with the rule of law. For Nicolas Hervieu, a recognized academic and specialist in the ECHR, "The return to Algeria in the summer of 2018 of Islamist Djamel Beghal has undoubtedly played". Figure of international jihadism, Beghal had opposed his expulsion in 2008. Ten years later, there was no obstacle, considering "The most peaceful climate".
Court side, we do not present the judgment rendered April 29 as a change of case. Expulsion to countries engaged in "Inhuman and degrading treatment" continues to be outlawed. The principle remains unchanged. Simply, Algeria no longer appears in the list of so-called risk countries. Nicolas Hervieu nevertheless sees in this judgment a noticeable shift: "The judges approved the deportation even though Algiers refused to offer France any diplomatic assurances as to the treatment of the deported individual. In the past, they would have refused in the name of the precautionary principle. "
Expulsions to Algeria will they multiply?
Never. Because convicted terrorists with Algerian nationality are rare. A handful, of course, has dual nationality. Among them, only those who have acquired French nationality and who have subsequently been deposed after a conviction are expelled. The spectrum is therefore narrow.
One man, however, remains in the radars of the French authorities: Kamel Daoudi, a 44-year-old Algerian convicted of "criminal conspiracy" in connection with a terrorist enterprise. This close to Djamel Beghal has always refused to be expelled. Assigned for ten years in France, he could again be targeted by a deportation order without this time benefiting from the protection of the ECHR.