15 Nov 2005

French Polynesian resident's challenge to French emergency rejected

2:41 pm on 15 November 2005

The French supreme court has rejected a challenge by a French Polynesian resident to the legality of the emergency decrees aimed at containing rioting in urban areas.

Rene Hoffer who is a resident of Tahiti claims that the provisions are not compatible with the constitution of the 5th Republic and only permissible in a situation of war.

The court in Paris has not ruled on the legal aspect but issued a press statement saying the judges threw out Mr Hoffer's submission because the decrees only apply to mainland France and not to the French overseas territories.

It also rejected his case because he is not usually resident in France although he is a French citizen and filed his case on a visit to France.

The last time, France applied emergency provisions was in 1984 during unrest in New Caledonia.

Other challenges to the decrees were also rejected.