A Chechen refugee’s challenge to France’s restrictive MICAS orders highlights growing concerns over civil rights. Despite no criminal record, Khaled faces limits on movement amid heightened security for Strasbourg’s Christmas market. Courts call the measures excessive.

The first time French police informed a Chechen refugee in Strasbourg that he could not leave the city and had to report daily, he did not challenge the decision. With France ramping up security for the summer Olympics, he assumed authorities would dismiss his concerns due to his alleged ties to individuals labelled "pro-Jihadist."

When the Ministry of Interior extended the restrictions in August to protect Strasbourg’s Christmas market—targeted in a deadly 2018 attack—the refugee, known as Khaled, appealed to a local court.

Judges ruled the measures "disproportionate," lifting most restrictions except a ban on visiting the market. However, the decision came too late for Khaled to enrol in a cybersecurity course he had been accepted into.

"I lost my place. This year is wasted," said Khaled, who fears public exposure of his surveillance status could harm his future.

Friday’s deadly car-ramming attack at Germany’s Magdeburg Christmas market has renewed scrutiny of European security policies. However, French human rights activists and lawyers were already questioning the broad use of powers under a 2017 anti-terror law, particularly the controversial MICAS orders, which allow authorities to restrict individuals deemed potential threats without criminal charges.

According to a December parliamentary report, 547 people were subjected to MICAS orders during the Paris Olympics, with some extended for Christmas markets. Courts have overturned or suspended at least 55 of these orders this year due to insufficient evidence. Critics, including lawyers like David Poinsignon, argue that MICAS measures are now being applied indiscriminately, creating "predictive justice."

Khaled’s case highlights these concerns. Intelligence reports cited his acquaintanceship with individuals convicted of terrorism-related offences and others identified as "pro-Jihadist," yet he himself has no criminal record. The reports also referenced an alleged comment Khaled made on the eve of a 2020 teacher’s assassination, which he denies, claiming the conversation was about a wedding.

The interior ministry, which has defended MICAS as a tool for managing high-risk individuals, did not comment on specific cases. A U.N. expert has urged France to use these measures sparingly to avoid abuse or discrimination.

Strasbourg’s Christmas market, France’s largest, attracts millions annually but remains a security focal point after the 2018 attack that killed five people. While MICAS orders were initially used mainly for post-prison monitoring, their application has broadened significantly. 

Copied