FRENCH REPUBLIC
ON BEHALF OF THE FRENCH PEOPLE
COURT OF APPEAL OF RENNES
No. 22/217 No. RG 22/00399 – Portalis No. DBVL-V-B7G-S5JW
JURISDICTION OF THE FIRST PRESIDENT
O R D O N N A N C E
[…]
In decision of appeal filed on July 05, 2022 at 6.55 p.m. […] for :
Mr [N] [J] born on [date of birth 1] 1993 in [place 2], Algerian national.
[…]
an order of the Judge for Freedom and Detention of the Tribunal judiciaire de RENNES, issued on July 04, 2022 at 19:15, ordering the extension of Mr. [N] [J]’s stay in the premises not under the administration of the prison for a maximum period of thirty days from July 04, 2022 at 09:26;
[…]
Mr [N] [J] was the subject of a decree issued by the Prefect on July 20, 2020 and the Finistere on September 9, 2021, imposing an obligation to leave the territory.
He was sentenced by the BREST Criminal Court on October 29, 2021, to 8 months’ imprisonment and a five-year ban on entering French territory.
[…]
ABOUT THE MATTER,
[…]
In the present case, the prefecture justified its request for a second extension of detention on the grounds that the detainee posed a particularly serious threat to public order.
The file shows that Mr [N] [J] was convicted of theft and violence against spouses and minors, voluntarily refused to leave the country and stated at a hearing: “The time when France fucks Algeria is over, now Algeria fucks France; the intelligence of Algeria is to come and colonise France, to marry and breed in order to convert the country to Islam, France can reject me, I will return with 18 people”.
This reason of particularly serious threat to public order (which is not discussed in the appeal) was, moreover, rightly upheld by the first judge, as it falls within the criteria for the second extension.
The decision is upheld and the application based on Article 37 of the Legal Aid Act is dismissed.
FOR THE REASONS SET OUT ABOVE
in open court,
we DECLARE the appeal admissible ;
CONFIRM the order of the Judge of Liberty and Detention of the Court of Rennes of July 4, 2022;
ALLOW the application on the basis of Article 37 of the Legal Aid Act;
ORDER that the costs be paid by the State.
Issued in Rennes on July 07, 2022 at 4 p.m. Cour d’appel de Rennes, 7 juillet 2022, n°22/00399
