On 28 October 2010, the Criminal Court acquitted a reaper Bordeaux GM sued for refusing to accept the withdrawal of their DNA taken following the findings of his lawyer, who spoke of the European Convention of Human Human
This denial of DNA collection reflects a desire to refuse FILING systematic lead inevitably to be presumed suspect, as indicated by François Dufour, currently Vice-Chairman of the Regional Council of Lower Normandy, in charge of Agriculture.
anti-GM against the DNA sample
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1. The facts.
Hervé Georges, sentenced in 2009 to three-month prison sentence for an anti-GM conducted at Lugos (Gironde), alongside José Bové, he then refused, February 12, 2010, to give his DNA to police, before in August 2010 to refuse to plead guilty, and as such pay a fine 300 euros, as it offered the public prosecutor.
2. Judgement of the Criminal Court of Bordeaux.
The Correctional Tribunal of Bordeaux, 28 October 2010 ordered the release of Hervé Georges. This is not the first time an acquittal is pronounced, but what is interesting is the invocation of the European Convention of Human Rights in respect of the basic protection of privacy that has attracted the attention of the court.
3. The argument of counsel.
There is no question of relying on texts that use the concept of informed consent.
Established in 1998, The national automated genetic fingerprint (FNAEG) was originally intended to identify the DNA of sex offenders. It was expanded in 2001 and 2003 in many other crimes and misdemeanors. So in 145 cases that the DNA sample can be claimed by the Police.
is to fight against this drift leads to a systematic FILING counsel, Mr Pierre Hurmic, invoked Article 8 of the European Convention of Human Rights.
quote, verbatim, that section 8: " Right to respect for private and family life.
1. Everyone has the right to respect his private and family life, his home and his correspondence.
2. There can be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is a measure which, in a democratic society, is necessary for national security, public safety, well-being of the country, the disorder and the prevention of crime, protection of health or morals or the protection rights and freedoms of others . "
The Supreme Court ruled twice in favor of acquittal of the accused based on the article as shown in the following:
http://lesactualitesdudroit.20minutes-blogs.fr/archive/2010/08/31/les-faucheurs-ogm-dispenses-de-prelevements-adn.html
In light of this jurisprudence, Herve George was acquitted because, as indicated by its counsel; " The destruction of transgenic crops is a specific offense since 2008 and it comes more from the list of offenses resulting in a DNA sample .
is for the legislature, the offense is not of such gravity that it is necessary to know the genetic identity of its authors and to keep it. In this case, the mowers and voluntary act, less to destroy the property of others, for alerting citizens about the risks posed to humans from GM crops .
4. And the CNIL?
In conclusion, the question of balancing the right to protection of privacy with security requirements arose more than ever. It is the Commission Nationale Informatique et Libertés (CNIL) to play its full role, although, as acknowledged by its president, Alex Türk, it lacks resources, so let's not all laid out, flagged, marked ...
All fliquer? All plots? - (20/06/07)
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