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Macron on Telegram CEO's Arrest: French Government Was Not Involved (politico.eu) 85

President Emmanuel Macron said Monday that the French government was not involved in the arrest of Telegram founder and CEO Pavel Durov. From a report: "The arrest of Telegram's president on French territory took place as part of an ongoing judicial investigation. This is in no way a political decision. It is up to the judges to decide," Macron said. Durov was detained Saturday night after his private jet arrived in Paris. The Paris prosecutor has not yet communicated the reasons for the arrest of Durov, who founded the messaging app in 2013.

The tech chief currently remains in policy custody. The arrest follows probes "accusing Telegram of being complicit in numerous affairs linked to drug trafficking, apology for terrorism and cyberbullying," French daily Le Monde reported. In a statement, Telegram said that its CEO -- a Russian-born French-Emirati citizen -- had "nothing to hide" and that the company abided by EU law.

[...] "More than anything else, France is committed to freedom of expression and communication, innovation and entrepreneurship," Macron said Monday. "In a state governed by the rule of law, on social networks as in real life, freedoms are exercised within a framework established by law to protect citizens and respect their fundamental rights."

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Macron on Telegram CEO's Arrest: French Government Was Not Involved

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  • Are they claiming that non-government arrest are common and normal in France?
    • "Hey, it wasn't *our* police. Just some guys with badges, damned if we know who they were."

      • Might have been the Paris City police and prosecutor? Akin to LAPD and LA DA arresting someone, The Biden Administration wouldnt technically have anything to do with it. Or maybe their version of State, Akin to Newsom and the State of California?
      • An arrest on the behest of a French government of a French national on French soil doesn't tend to go down that well, particularly in France, which is why Macron is making the effort to say this one had no political motivation.

      • France is a democracy and they have separation of powers, the guy wasn't arrested by the government (executive power) but by the justice system. Prosecutors and judges are not subordinates of the president.

    • by jacks smirking reven ( 909048 ) on Monday August 26, 2024 @10:31AM (#64735964)

      That was a bit of editorializing on Politico, the Tweet/response from Macron does not actually use the word "government" anywhere. Macron is simply stating that there was no political involvement in the arrest, that it was handled by the judiciary and investigators.

      Je lis ici de fausses informations concernant la France suite à l’arrestation de Pavel Durov.

      La France est plus que tout attachée à la liberté d’expression et de communication, à l’innovation et à l’esprit d’entreprise. Elle le restera.

      Dans un État de droit, sur les réseaux sociaux comme dans la vie réelle, les libertés sont exercées dans un cadre établi par la loi pour protéger les citoyens et respecter leurs droits fondamentaux.

      C’est à la justice, en totale indépendance, qu’il revient de faire respecter la loi.

      L’arrestation du président de Telegram sur le territoire français a eu lieu dans le cadre d’une enquête judiciaire en cours. Ce n’est en rien une décision politique. Il revient aux juges de statuer.

      Translated from French by Google

      I read false information here regarding France following the arrest of Pavel Durov.

      France is more than anything attached to freedom of expression and communication, to innovation and to the spirit of enterprise. It will remain so.

      In a state governed by the rule of law, on social networks as in real life, freedoms are exercised within a framework established by law to protect citizens and respect their fundamental rights.

      It is up to the justice system, in complete independence, to ensure that the law is respected.

      The arrest of the Telegram president on French territory took place as part of an ongoing judicial investigation. This is in no way a political decision. It is up to the judges to decide.

      https://x.com/EmmanuelMacron/s... [x.com]

      • by gweihir ( 88907 )

        That was a bit of editorializing on Politico, the Tweet/response from Macron does not actually use the word "government" anywhere. Macron is simply stating that there was no political involvement in the arrest, that it was handled by the judiciary and investigators.

        Exactly. The word "Government" is too non-specific in English. France has the classical 3-tier system and all Macron is saying that this was a decision by the legal tier, no political involvement.

        • English has a definition of Government that fits this perfectly. This shouldn't come as a surprise, since the Westminster system is from... you guessed it- England.

          The problem here is ignorance of the additional meanings of the word within the US, where we generally use it to refer to The State.
    • Re: (Score:1, Insightful)

      Ya know... If I am being held in a prison in some country, I'd feel pretty strongly that the government was somehow involved.

    • by Mr. Dollar Ton ( 5495648 ) on Monday August 26, 2024 @10:45AM (#64736008)

      Can we stop pretending we don't recognize a simple translation fail, which most likely sounds like "the executive branch was not involved, it was a decision of the judiciary" or some such in the original French?

    • Of course they are.
      Their judicial system is independent of the political branch of Government.
      You need to understand what the word "Government" means from a parliamentary standpoint.
    • by Luckyo ( 1726890 )

      OP is blatant misinformation. At no point did Macron state that this wasn't a government arrest.

      What he actually said is that the arrest was non-political. It was conducted by judiciary branch, with no involvement of politicians.

    • it's common for the judiciary & law enforcement branches to be kept separate from the executive branch to prevent the chief executive from weaponizing prosecutions.

      The lines in the United States have blurred due to court packing by our conservative party, but I don't think France is as far along as we are.
    • Comment removed based on user account deletion
    • by gweihir ( 88907 )

      They are claiming that they have working division of power. And they do.

    • No, they are saying that the justice system is independent from politics. That's quit common in actual democracies.
  • He didn't cite the law, he didn't explain the legal process that took place, he just came out and in Krusty the Clown style said "Don't blame me, I didn't do it!"

    Well yeah... maybe you didn't order the arrest. But you can certainly FREE HIM... and you didn't... further confirming this is political.

    • by MightyMartian ( 840721 ) on Monday August 26, 2024 @11:07AM (#64736088) Journal

      France, like the United States, has an independent judiciary.

      Suddenly division of powers is something people on here don't understand?

      • by Luckyo ( 1726890 )

        To be fair, it's still a completely different system from Common Law one. In Common Law, you have independent judiciary from point of view of the court system itself. Prosecutor is adversary to the accused, then there's a defender that is defending the accused, and judge is merely ensuring that system works as an impartial arbiter.

        In French system, judge is also a prosecutor, and often also a defender. He is tasked with investigating the entirety of circumstances related to the case, meaning he also perform

        • To be fair, it's still a completely different system from [the] Common Law one. In Common Law, you have independent judiciary from [the] point of view of the court system itself. [The] Prosecutor is adversary to the accused, then there's a defender that is defending the accused, and [the] judge is merely ensuring that [the] system works as an impartial arbiter.

          So far, so good...

          In [the] French system, [the] judge is also a prosecutor, and often also a defender. He is tasked with investigating the entirety of circumstances related to the case, meaning he also performs [a] large portion of jobs of [the] prosecutor and defender in [the] Common Law system.

          Well said...

          These two just don't map up against one another well, because they're built on mitigating completely different things in judiciary procedings, [sic] and have completely different strong and weak points. The only shared point is that they are nominally independent of [the] political system. However [the] French system is significantly weaker than [the] Common Law one in this aspect by design. Where in Common Law you must effectively subvert both prosecutor and judge to subvert the system (see Trump's New York trial where this happened and how difficult it was to get this all to come together in terms of complexity without getting the case just thrown out immediately in upper courts on appeal), in [the] French system you merely need to subvert the magistrate presiding . French political elites routinely use this feature of the system to get out of trouble, and it's generally considered a weak point of [the] French judicial system on [an] international level.

          Ah, I see what you did there, using weasel-wording to imply that the Donald J. Trump felony convictions were a result of misconduct on the part of both judge and prosecutor. While you could legitimately call out the prosecutor for being biased (he did, after all, make "getting Trump" a campaign focus [politifact.com] without actually saying that was his agenda), lumping the judge into that accusation without following up with actual evidence smacks of... Naked partisan-motivated propaganda. S

          • by Luckyo ( 1726890 )

            Not misconduct. Subversion of the system as a whole. The point is that this level of subversion is much easier in French system compared to English one.

            In French, you just need the magistrate to investigate and then interpret things in desired way, and that's enough for conviction.

            In English, you needed legislative to do a specific targeted law that would expire immediately after this trial (as literally everyone is guilty of this in NYC, "it's not lying, it's commercial real estate" TM Louis Rossmann's hil

      • You understand there's a difference between the judiciary which, y'know, JUDGES the crimes and the police and prosecutors who do the arresting which are directly under control of the executive branch?

        And I'll reiterate again - Macron can order him freed NOW.

        • Macron can order him freed NOW.

          No, this is not within the limits of the powers of the President of France. Maybe the minister of the Interior or of the Justice can, but not Macron. What a President can do is to grant a full pardon, but that first requires a sentencing.

        • by thegarbz ( 1787294 ) on Monday August 26, 2024 @12:23PM (#64736366)

          You understand there's a difference between the judiciary which, y'know, JUDGES the crimes and the police and prosecutors who do the arresting which are directly under control of the executive branch?

          France is not America. Neither the police nor the prosecution service is under control of the executive branch.

          • Not strictly true.
            The police are in fact under the control of the executive branch (though not Macron, being head of State, not head of Government)
            Where it gets weird, is that they're also under the control of the judiciary- they share that power.
            I guess it gets even a bit weirder too, since the police are actually under the control of the Ministry of the Interior (on the government sde), which is a person of course selected by the Prime Minister (but actually appointed by the President)
            I'm not sure if
        • by gweihir ( 88907 )

          Bullshit.

        • No.

          Criminal Enquiries in France are under the control of the Judiciary, which is statutorily protected from the executive.

          Further, Macron is the head of state, not the executive. The Prime Minister is the head executive of the French Government.

          So let's summarize:
          Literally everything you said is wrong.
      • by Tablizer ( 95088 )

        The prosecution portion of USA justice is not independent, as the DOJ is under the executive branch. This should change, in my opinion. Make it a 4th branch, or maybe move it under the Judicial branch.

        • It's nominally independent- at least as much as it could be while respecting our Constitution.
          This debate really comes down to a similar situation as Parliamentary Tradition in commonwealth countries.

          Sure, the Queen can dissolve parliament.... technically. But if the Queen does so without the consent of parliament... well, they'll just vote out the Queen.
          Technically, a President can take active control over the DOJ. However, if they do, it's going to be outright chaos, and the few attempts of doing so i
          • by Tablizer ( 95088 )

            > a President can take active control over the DOJ. However, if they do, it's going to be outright chaos

            There is a certain tinted candidate who loves chaos and disrespects institutional traditions. May be more down the road (cough MTG cough).

            • I don't disagree.
              Trump is a wild card there. The only real earnest attempt to bring the DOJ under direct executive control led to the Saturday Night Massacre, which directly led to articles of impeachment being passed against Nixon.
              Of course, it's another argument whether or not impeachment is even possible in today's political climate, so the nominal independence may really be gone... but still, it is at least nominally independent, and when the system is operating correctly, it de facto is.
      • Suddenly division of powers is something people on here don't understand?

        If the judiciary arresting people for unspecified reasons is considered "separation of powers" then yeah some people here don't know what that's supposed to mean.

        • The justice system in France is statutorily independent from the Government.
          That is a division of powers, even if it's not the way you demand it be.
      • In the US, the police force is also independent of both the judiciary and the executive branch. Judges can't arrest people.

    • by gweihir ( 88907 ) on Monday August 26, 2024 @01:08PM (#64736600)

      He didn't cite the law, he didn't explain the legal process that took place, he just came out and in Krusty the Clown style said "Don't blame me, I didn't do it!"

      Which is exactly correct. He stated that the executive branch of the government was not involved. France has division of power and there are very few situations or none where the political tier can order an arrest (not sure about the exact details in France). France is not some 3rd world banana republic.

      • Both national police forces in France answer to both the Judiciary and the Ministry of the Interior (executive)
        This isn't to take away from your point that France isn't a banana republic- just that the political arm of government is also empowered with police power.
  • Primary Source (Score:4, Informative)

    by bill_mcgonigle ( 4333 ) * on Monday August 26, 2024 @11:55AM (#64736270) Homepage Journal

    C'mon, did we run out of space on the Internet?

    https://x.com/EmmanuelMacron/s... [x.com]

    People are bickering here because of the editorializing of the secondary fake-news source. It:s all so unnecessary.

  • Governments will lie right to your face, and when they see your outrage, they will bump into you and jut out their chins.

    This isn't limited to France, by the way.

  • Re: (Score:2, Interesting)

    Comment removed based on user account deletion
  • It sounds like owning a communications board is getting too dangerous. Will they all fall with everyone involved in prison, eventually, or else totally useless after everything that annoys some government somewhere results in that government throwing everyone involved into prison if they don't delete virtually everything that doesn't simply talk about the weather?

    Maybe alternative is going back to entities like Yahoogroups was, where, yeah, it's on disk and can be seen on the web, and yeah, you can make th

  • by test321 ( 8891681 ) on Monday August 26, 2024 @12:27PM (#64736394)

    https://www.tribunal-de-paris.... [justice.fr]

    (My translation)
    Founder and leader of a instant messaging platform TELEGRAM, Pavel DUROV was detained and placed under custody Saturday 24th of August 2024, at 20:00 hours, in Bourget.

    This is the result from a judiciary investigation opened on the 8th July 2024, following a preliminary investigation lead by section J3 (repression of cyber-criminality -- JULACO) of the Paris Prosecution Office.

    This judiciary investigation was opened against an unknown person for the following infractions:
    * Accessory -- administration of an online platform allowing illicit transaction, performed in an organized gang
    * Refusal to communication, upon request of the relevant authorities, information or documents necessary to realise wiretapping permitted by law
    * Accessory -- ownership of images of underage pornography
    * Accessory -- diffusion, offer or provisioning, in an organized gang, of images of underage pornography
    * Accessory -- Acquisition, transport, ownership, offer or transaction of illicit drugs
    * Accessory -- Offer, transaction or provisioning without legitimate reason of equipment, instruments or programs or data designed or adapted to affect or permit access to the functioning of an automated data processing system
    * Accessory -- scam in an organized gang
    * Conspiration in order to commit a felony or misdemeanour punished by a minimum of 5 years of jail
    * Laundering of felonies or misdemeanours, in an organized gang
    * Provisioning of cryptology services with objective of confidentiality without previous declaration
    * Provisioning of a cryptology method that does not exclusively permit authentication or integrity control, without previous declaration
    * Import of a cryptology method that does not exclusively permit authentication or integrity control, without previous declaration

    The Investigative Magistrates in charge of this judiciary investigation have together brought the case before the Center of Digital Criminalities (C3N) and the Anti-Fraud office (ONAF) to continue the investigations.

    It is within this framework that Pavel DUROV was heard by the investigators.
    The hearing was extended on the 25th August 2024 by an Investigative Magistrate and can last 96 hours (meaning until the 28th August 2024) in the reason of complexity of the procedure applicable to infractions pertaining to organized criminalities, as cited above.

    Laure BECCUAU
    Public prosecutor

    • All the accusations seem very generic (they could apply to facebook, whatssap, or any other social media app without *direct control* from a government) but the last one intrigues me.

      What do they exactly mean by "[...] cryptology method that does not exclusively permit authentication or integrity control, [...]" ?

      Because the cynical in me believes it's all related to the last accusation: a non-broken encryption method.

  • The arrest of Telegram's president on French territory took place as part of an ongoing judicial investigation.

    The arrest of Durov took place as part of an ongoing plot to shut-down legitimate online discourse.

    This is in no way a political decision

    This is in every-way a political decision.

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