prevention mechanism. In June 2009, on the occasion of the international day of solidarity
with victims of torture, the Foreign Ministry reaffirmed France’s “firm condemnation of
torture and other cruel, inhuman or degrading treatment or punishment. This resolute
opposition applies whatever the circumstances; international law does not authorize any
exceptions.”126
In practice, however, France appears all too willing to set aside this principled approach.
The French preemptive approach to countering terrorism rests on continuous intelligence
gathering, including through cooperation with countries with poor records on torture, and
aggressive prosecution of alleged terrorism networks before specific acts are committed or
even attempted. The highly centralized and specialized counterterrorism machinery within
the justice system allows for a continuous and close collaboration between investigating
judges, prosecutors, and intelligence officers. Insufficient verification by judicial authorities
of information coming from the intelligence services leads to the use by the judiciary of
foreign torture material, both in the investigative phase and at trial.
Intelligence Cooperation
Bernard Squarcini, the head of the Central Agency for Domestic Intelligence (Direction
central du renseignement intérieur, DCRI) has said that French services maintain intelligence
liaisons with 170 foreign services.127 The DCRI was created in July 2008 with the fusion of two
separate domestic intelligence services: the Directorate for Territorial Surveillance (Direction
de la Surveillance du Territoire, DST) and General Intelligence (Renseignement Généraux,
RG).
For historic and strategic reasons, France has special relations with its former colonies, in
particular Algeria, Tunisia and Morocco. Concerns about terrorism-related activities in
France of returnees from combat or training in countries such as Iraq, Chechnya, Afghanistan
and Pakistan have deepened France’s interest in close intelligence and judicial cooperation
with countries in the Middle East, and Central and South Asia. Squarcini has explained, “We
need to have closer relations with all foreign intelligence services because we are not
looking any more just for networks or groups, but also lone individuals, capable of kamikaze
126
“12ème journée de soutien aux victims de la torture,” French Ministry of Foreign Affairs statement, June 26, 2009,
http://www.diplomatie.gouv.fr/fr/actions-france_830/droits-homme_1048/torture-detentions-arbitraires_15659/12emejournee-soutien-aux-victimes-torture-26.06.09_74328.html (accessed November 10, 2009).
127
Romain Luongo, “Les nouveaux agents secrets qui préservent la France du terrorisme,” LaProvence.com, October 22, 2008,
http://www.spyworld-actu.com/spip.php?articles9051 (accessed September 18, 2009).
45
Human Rights Watch | June 2010
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