CCPR/C/123/D/2747/2016
(20 killed, 22 injured), Paris in November 2015 (137 killed, 368 injured) and Nice in July
2016 (87 killed, 434 injured). In 2017, a total of 205 foiled, failed and completed terrorist
attacks were reported by nine European Union member States (France experienced 54
attacks). In 2017, a total of 975 individuals were arrested in the European Union for
terrorism-related offences. Most arrests (705 out of 791) were related to jihadist terrorism
(123 women, of whom 64 per cent held the citizenship of a European Union member State
and were born in the Union. France alone accounted for 411 arrests and 114 convictions. As
for the number of suspects arrested for religiously inspired/jihadist terrorism (705), France
accounted for 373.12 In this context, it is of extreme importance to quickly identify and
locate possible suspects, since they travel through different countries to arrive at their
destination and may avail themselves of the niqab to go unnoticed. Therefore, in the current
circumstances, the ban imposed seems proportionate to the aim pursued by the Act,
although it should be subject to periodic risk assessments (art. 7 of the Act).
13.
In contrast to the view of the majority of the Committee (para. 7.16), I believe that
the sanctions are measured. Although they are of a criminal nature in France, in other
countries they would probably be administrative fines. Sanctions comprise a category two
fine (maximum €150), a moderate sanction that can, however, be replaced by a mandatory
citizenship course. If, however, the person refuses to abide by the law, what should the
State do? Accept such a behaviour? In the Yaker case, the author was sentenced twice, the
second time because she refused to remove her full-face veil at the security checkpoint to
enter the court. Is it reasonable to force a judge to accept a person that he or she is going to
judge to have his or her face covered during the trial? Such a demand will probably not be
accepted in any court, in whichever country. Furthermore, both cases were tried by a
community court, which confirms, if need be, the minor gravity of the violation. Sanctions
are thus not disproportionate.
14.
Finally, as regards the allegation that penalties have been imposed in particular on
Islamic women, the reason seems obvious: they violated the ban. Would one consider, for
instance, the prosecution of drunk drivers or drug traffickers as disproportionately affecting
them? Is this not just the result of law enforcement policy?
15.
I would therefore conclude that articles 18 and 26 of the Covenant were not violated.
Rejecting the ban could, regrettably, be seen by some States as just a step away from
accepting the imposition of a full-face veil policy.
12
22
European Union Agency for Law Enforcement Cooperation, European Union Terrorism Situation
and Trend Report 2018 (The Hague, 2018).