Vendredi 15 décembre, le délit de consultation habituelle des sites terroristes a été censuré par le Conseil constitutionnel, et ce pour la seconde fois.
Pour la haute juridiction, le code pénal dispose déjà des outils nécessaires en matière de sanctions pour prévenir les dérives terroristes.
Les policiers et magistrats « disposent de pouvoir étendus » en ce qui concerne l’interception de communications. Il en va de même pour « l’autorité administrative », qui jouit déjà de « nombreux pouvoirs ».
Pour le Conseil, ce nouveau délit n’est pas « adapté », il ne répond en rien à « l’exigence de nécessité » de l’atteinte à la liberté de communication des pensées et des opinions, « un des droits les plus précieux de l’homme ».
Ainsi, il apparait clairement pour le Conseil constitutionnel que « cette consultation et cette manifestation ne sont pas susceptibles d’établir à elle seules l’existence d’une volonté de commettre des actes terroristes ».
Cette nouvelle censure fait suite à la question prioritaire de constitutionnalité soulevée par la Quadrature du Net, la Ligue des droits de l’homme et Me Sami Khankhan le 4 décembre.
Me François Sureau, avocat pour la Ligue des droits de l’homme, avait déclaré « avec ce délit, on se trouve affronté à une forme d’acharnement parlementaire qui confine à l’obstination déraisonnable ».
De son côté, le député Les Républicains Eric Ciotti a commenté « cette décision du Conseil constitutionnel, même si nous n’avons pas à la commenter et qu’elle s’impose à tous, laisse incrédule et traduit la faiblesse de nos démocraties face à la barbarie qui a décidé de nous attaquer ».
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