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Constitutional Council Validates Isolation Regime and Censors Surveillance Provisions in French Narcotrafficking Law

The court’s ruling preserves high-security prison quarters under tight search limits with remote surveillance restricted to gang offenses punishable by five years or more.

Overview

  • The Constitutional Council upheld the law’s core isolation regime for the most dangerous narcotraffickers, confirming the creation of high-security prison quarters.
  • Judges imposed a reserve on full-body searches, allowing them only when surveillance by a prison officer is prevented by privacy concerns or operational constraints.
  • Six articles were censored, halting algorithmic intelligence trials, direct tax data access for security services, the distinct procès-verbal secrecy mechanism and the blanket use of videoconferencing in high-security cells.
  • Remote activation of electronic devices for eavesdropping was validated but confined to organized gang offenses punishable by at least five years of imprisonment.
  • France plans to open its first high-security unit under the new law at Vendin-le-Vieil prison by late July.