What process would enable the imam of Bagnols-sur-Cèze Mahjoub Mahjoubi to be expelled? | EUROtoday

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Gérald Darmanin requested the withdrawal of the residence allow from which an imam of Bagnols-sur-Cèze (Gard), Mahjoub Mahjoubi, has lengthy benefited, “with a view to his expulsion from the territory”, after a diatribe broadcast on social networks “against the tricolor flags that plague us.” In a video, the Tunisian imam described these similar flags as “satanic” and having “no value in the eyes of Allah”.

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In an extended model on the TikTookay community – the video has since been deleted – the Islamist cleric spoke of “the arrival of Al-Mahdi [l’envoyé qui réunira les musulmans] » who will “self-proclaim” and “bring down all “governors and governance”. “We will no longer have all these tricolor flags which plague us, give us headaches, have no value with Allah and whose only value is satanic,” he concluded on this message, condemned by the rector of the Grand Mosque of Paris which judged it “contrary to the values ​​of tolerance and respect advocated by Islam”.

READ ALSO The imam, supply of all scienceAsked about France Bleu Gard Lozère, the imam talked about “a mistake” and “a slip of the tongue”. “I was talking about the Maghreb community and, above all, the African Cup of Nations […] and all these flags that we raise in stadiums and which divide Muslims,” he tries to persuade. “It is not a mistake but a slip of the tongue. I am not Voltaire or Victor Hugo, unfortunately. Instead of saying “multicolor,” I mentioned “tricolor.” »

“No call to hatred will go unanswered,” replied Gérald Darmanin, who specified that the imam’s remarks had been the topic of a report back to the Nîmes prosecutor, who may provoke proceedings for “apology of terrorism », alongside the announced administrative procedure. The Minister of the Interior promises, in fact, to expel this religious figure, who in his eyes is a fanatic. But in practice and in law, how is this possible?

“Imperative necessity for state security”

It is critical, to start with, to differentiate the withdrawal of the residence allow from which Mahjoub Mahjoubi advantages, a prerequisite for the expulsion itself, the topic of one other process. We know that the imam of Bagnols-sur-Cèze has lived in France for nearly thirty years, undoubtedly along with his household. He most likely has a brief or multi-year residence allow. These titles can, by “a reasoned decision”, be withdrawn “from any foreigner whose presence in France constitutes a threat to public order”, gives for article L 432-4 of the Code of entry and keep of foreigners and the appropriate to asylum.

If he has a resident card, the risk to public order have to be of a sure “seriousness”. A legal conviction, for several types of offenses (medication, pimping, violence, and so forth.), also can justify withdrawal of the title. Withdrawal is topic to the opinion (solely consultative) of a departmental fee, the residence allow fee, made up of elected officers and “qualified persons” designated by the prefect – who decides in the end.

The expulsion process falls underneath one other process. The administrative authority (the prefect or the minister) can determine when the presence of the foreigner in France “constitutes a serious threat to public order” (artwork. L631-1). The criterion is extra demanding for foreigners benefiting from particular safety (mum or dad of a French baby, partner of a French nationwide, authorized residence in France for greater than ten years, and so forth.); expulsion can solely be determined within the occasion of “imperative necessity for state security or public security”.

For residents current on our soil for greater than twenty years or for greater than ten years whereas being married to a French nationwide or mum or dad of a kid residing in France (artwork. 631-3) – scenario of Imam Mahjoubi –, the criterion is much more extreme. Expulsion can solely be determined within the occasion of “behavior likely to harm the fundamental interests of the State; a deliberate and particularly serious violation of the principles of the Republic; activities of a terrorist nature or acts of explicit and deliberate provocation to discrimination, hatred or violence against a specific person or group of people.” This is, in all probability, the article that Gérald Darmanin is aiming for as regards to imam Mahjoubi, established in Gard because the Nineties.

A questionable expulsion order

Whatever the criterion used, the expulsion process consists of two regimes: widespread regulation and the scenario of “absolute emergency”. In the primary case, prior info of the foreigner in query is required and his or her look earlier than one other physique, the expulsion fee, composed of the president of the competent judicial court docket and a Justice of the Peace of the judicial and administrative order. Like the residence allow fee, the expulsion fee merely points an opinion. In an “absolute emergency” scenario, the executive authority (the prefect or the minister) does with out its companies and makes its resolution alone.

The expulsion order in the end issued, if relevant, may be contested earlier than the executive court docket (then the executive court docket of attraction, as much as the Council of State), however these requests for annulment and these appeals can not aren’t suspensive. The deportable foreigner also can urgently apply to the European Court of Human Rights (ECHR) for an interim measure; the European court docket can thus, inside a brief time frame, ask the federal government to droop the expulsion within the occasion of “risk of serious and irreversible damage”, for the applicant who will invoke, relying on the case, the appropriate to life, the potential of inhuman or degrading therapy, the appropriate to respect for personal and household life. “These measures are rare but generally followed by the government,” signifies a lawyer specializing in foreigners’ rights.

READ ALSO Immigration: legal guidelines however no imaginative and prescientOther emergency appeals (referred suspension, interim launch) can also be launched earlier than the home (French) courts to dam the method, earlier than any request for cancellation on the deserves. This quantities to contesting the existence of the standards required by regulation to justify an expulsion order.

Regarding the legal proceedings envisaged in opposition to the imam of Gard for “apology of terrorism” – an offense punishable by seven years of imprisonment within the occasion of use of a web based communication service – they’re unbiased of the executive process for withdrawal of the residence allow and expulsion. “The minister could wait for a possible criminal conviction to implement the expulsion, but nothing legally obliges him to do so,” specifies the identical lawyer.