Microphones had been installed in his truck.
An ultra-left sympathizer, convicted in December for a planned violent action, challenged Tuesday before the Council of State the legality of his wiretapping by the intelligence services which led to his arrest, we learned from a source close to the case and from his lawyers.
According to Florian D.'s defense, the microphones were installed in the vehicle in which the latter resided upon his return from Rojava (north-eastern Syria), where he had fought in 2017 with the Kurds of the People's Protection Units (YPG) against the jihadist group Islamic State (IS).
However, maintain his lawyers Messrs Isabelle Zribi and Raphaël Kempf, such surveillance can, according to the law, only take place in the event of “suspicion of terrorist activity”.
“The fact of having joined the YPG, which is not considered a terrorist group by France, is not enough,” said Raphaël Kempf.
“A black hole in the rule of law”
The hearing before the Council of State on Tuesday morning, revealed by L'Obs, was held behind closed doors, in front of a specialized body authorized to maintain defense secrecy.
The lawyer and the litigant must come out when the elements classified as defense secrets, the very ones they contest, are discussed.
“An archaic procedure which shames the Republic”, denounces Me Raphaël Kempf.
“It is a black hole in the rule of law which takes us back to the Inquisition: judges have access to elements that they do not share with the litigant”, deprived of being able to discuss the case in a “contradictory” manner .
Intelligence from the DGSI (General Directorate of Internal Security) was at the origin of the opening in 2020 of an investigation by the national anti-terrorism prosecutor's office, which suspected Florian D. and other ultra-left sympathizers of preparing a planned violent action against police officers or soldiers.
These seven activists, who disputed the facts during their trial in October, were convicted of terrorist conspiracy.
Florian D., considered a “central figure” of the group by the court, was sentenced to the heaviest sentence – five years in prison, half of which was suspended.
He appealed.