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Dorle Hellmuth
To cite this article: Dorle Hellmuth (2015) Countering Jihadi Terrorists and Radicals the French
Way, Studies in Conflict & Terrorism, 38:12, 979-997, DOI: 10.1080/1057610X.2015.1076277
Download by: [Pontificia Universidad Catolica de Chile] Date: 10 April 2017, At: 08:18
Studies in Conflict & Terrorism, 38:979997, 2015
Copyright Taylor & Francis Group, LLC
ISSN: 1057-610X print / 1521-0731 online
DOI: 10.1080/1057610X.2015.1076277
DORLE HELLMUTH
Department of Politics
The Catholic University of America
Washington, DC, USA
The 2015 Charlie Hebdo attacks warrant a detailed profile of the French approach to
countering Jihadi terrorism. Much has been written about the tough French
counterterrorism regime, which originated in 1986 and remains unique among Western
democracies. There has been less analysis of Frances lengthy list of post-9/11
reforms, and even less discussion of the French approach to counterradicalization. In
fact, France was among only few European countries that did not engage in any
soft counterradicalization programs after the 2004 Madrid and the 2005 London
bombings. The mass exodus of foreign fighters to Syria led to a first national
counterradicalization plan in 2014. In response to the Paris attacks, much in line with
its security-oriented methods and outlook, the French government increased
counterterrorism spending and surveillance powers. Various other measures are
noteworthy, however, as they focus on prison radicalization and represent an effort to
strengthen the counterradicalization campaign.
The January 2015 Charlie Hebdo attacks warrant a closer look at the French approach to
countering Jihadi terrorism. Since 9/11, much has been written about the tough French
regime, which originated in 1986.1 Criticized by some and admired by others, French
counterterrorism institutions and policies were considered an important reason for why
France did not suffer a Jihadi attack at home after 1996, and until 2012. While an analysis
of the foundation and underlying principles of the counterterrorism arsenal is useful for
many reasons, it is equally important to note that French counterterrorism tools and insti-
tutions were further adjusted, reformed, and expanded after 9/11.
There has been less review and debate of these post-9/11 reforms and even less dis-
cussion of French counterradicalization measures. In fact, Frances approach to Jihadi
radicalization merits detailed analysis because France was among only few European
countries that did not engage in soft counterradicalization measures after the 2004
Madrid and Van Gogh attacks, and the 2005 London bombings. In other words, while
arresting and prosecuting terrorist suspects on a regular basis, the French government did
not attempt to prevent individuals from radicalizing or reintegrate those who have
become infected with the Jihadi virus. Only in the context of the recent mass exodus of
979
980 D. Hellmuth
French foreign fighters to Syria did the government announce a policy review in 2014 and
a first national counterradicalization strategy.
The article proceeds as follows: The first part takes stock of French domestic counter-
terrorism reforms since 9/11. The second part discusses the French perspective on coun-
terradicalization, and the changes that have occurred since 2014. Against this backdrop,
the third part evaluates the steps that have been announced in response to the 2015
attacks. Illustrating a familiar pattern and much in line with its security-oriented
approach, the French government increased counterterrorism spending and personnel and
pledged to strengthen intelligence surveillance powers. Several other measures are of
note, however, as they focus on preventing prison radicalization.
of secretariat for the Interministerial Committee of the Fight Against Terrorism, CILAT
(Comit e Interminist
eriel de Lutte Anti-Terroriste), an interagency platform at the high
policy level that convened twice every year.
Even though France already had a substantial counterterrorism arsenal at the time of
the 9/11 attacks, the French government continued to boost investigative and preventive
powers in the years afterward. Consistent with the previous approach, terrorism legisla-
tion passed after 2001 also assumed and targeted links between crime-related activities
and terrorism, including money laundering, drug trafficking, and weapons smuggling.
Ordinary crimes and delinquency have been purposefully targeted to detect and disrupt
potential terrorismcrime nexuses. Below, French post 9/11 reforms are grouped into the
four categories of (1) prevention and investigation, (2) disruption, (3) prosecution, as well
as (4) coordination and information-sharing.
Camera Surveillance. Video camera surveillance, with images stored for one month,
was expanded across France in 2006. Prefects became authorized to compel any private
or public entities (including banks, airports, department stores, nuclear plants, or
982 D. Hellmuth
industrial plants) to install video cameras; the images were subject to law enforcement
and gendarmerie review. In addition, pictures of cars, their occupants, and license plates
could be stored for at least eight days, and be accessed by gendarmerie, police, and cus-
toms services. The number of surveillance cameras in France was further expanded in
2011.13
Searches. Starting in 2001, stationary, parked, and moving vehicles could be stopped
and searched without probable cause or warrant, only requiring judicial requisition orders.
House searches, subject to warrants, could be conducted on a preliminary basis, and with-
out the residents consent. Items that were found but not specified on the warrant could be
kept and further investigated. Roving wiretaps were introduced in 2003, based on which
computer search warrants extended to networks rather than individual computers. Subject
to judicial approval, police could conduct secret computer searches remotely and in real
time by means of spyware installations since 2011.
Pre-Charge Detention. The period was extended from four to six days in 2006, to be
authorized in two intervals after the first four days and by a so-called freedom and release
judge (rather than an investigating magistrate) in the event of imminent terrorist activity
or international emergencies.
Disruption
Internet. Since 2014, security services have been authorized to block Internet sites that
incite or glorify terrorism, and without requiring judicial approval. Alternatively, Internet
service providers and website hosts could remove the content within 24 hours.
Prosecution
Finances. Financial support of terrorist acts and groups became a punishable crime in
2001.
Lone Wolves. Pursuant to a 2014 law, individual terrorist intent suffices as a criminal
offense, as opposed to terrorist activities in association with others.
Countering Jihadi Terrorists and Radicals the French Way 983
Incitement of Terrorism. While the incitement and glorification of terrorism (both writ-
ten, spoken, and pictorial) have been criminalized since 1881, punishment for online
activities condoning terrorism was stepped up as part of a 2012 law as the offense was
moved from the press law to the criminal code. Starting in 2014, publishing illegal con-
tent became a criminal offense with up to seven years in prison. Targeting lone wolves as
well as online recruitment, the 2014 law also criminalized searching, attaining, or creating
material that could be used in an individuals terrorist activity.
Terrorist Training Camps. The act of visiting either military or ideological training
camps, or committing terrorist acts abroad, became a criminal offense in 2012 so that
individuals could be arrested and prosecuted upon their return, even if terrorist activities
did not occur on French soil.15
including, inter alia, the DST and DCRG, the Judicial Police, and the Gendarmerie. Crit-
ics again called attention to its resemblance with UCLAT, while the government refuted
these comparisons, arguing that the CRI was tasked with crafting strategic guidelines for
information sharing and cooperation for UCLAT, which by contrast, was a permanent
forum responsible for information sharing and threat assessment at the operational level.
Be that as it may, both CSI and CRI were replaced in 2007:20 The CSI was merged with
its defense counterpart, and formed the new Defense and National Security Council,
CDSN (Conseil de D efense et de S ecurite Nationale). In doing so, President Sarkozy
sought to break the traditional borderline between domestic security and external
security he considered largely obsolete.21 He suggested creating a National Security
Council, very much based on the U.S. model (which, ironically, at the time was separate
from the domestic-oriented Homeland Security Council), which would coordinate and
decide all issues of national security. Representing a truly transnational approach, it was
supposed to be responsible for all homeland security, public safety, and international and
defense issues. Not surprisingly, the council was to be chaired by the president himself.
Officials on both sides of the political divide supported the planhowever, the Ministry
of Defense was concerned about becoming marginalized and insisted on expanding the
national security focus to emphasize defense as part of the councils title and portfolio.22
Serving as a specialized formation of the CDSN, the CRI was renamed National
Intelligence Council, CNR (Conseil National du Renseignement), to be chaired by a presi-
dential intelligence advisor, and therefore under presidential leadership as well. The new
intelligence council and coordinator were tasked with coordinating intelligence services,
in particular with regard to developing intelligence strategies and collection and analysis
priorities, implementation, and sharing; allocating resources; and overseeing the legal
framework for intelligence operation. Once again, this move illustrated the presidential
claims and power expansion in the domestic security arena and continuing marginaliza-
tion of the prime minister in counterterrorism matters. Critics warned against the
concentration of power in the hands of the head of state . . . [which] multiplies the viola-
tions of the principle of political accountability, as the arrangement lacked parliamentary
scrutiny and went against the principles and traditions of the republic.23 Others ques-
tioned the nature of the relationship between the existing UCLAT, responsible to the Inte-
rior Ministry and, therefore, the prime minister, and the new presidential council.24 Yet
others voiced concerns about how political cohabitation could have detrimental effects on
this arrangement in the futureas UCLAT and CNR would be overseen by a prime min-
ister and a president belonging to different parties.25 However, it must be noted that the
latter scenario seems unlikely ever since the constitutional reform of 2000 aligned presi-
dential and parliamentary terms and elections.
Finally, as part of a considerable institutional reform in 2008, the DST and DCRG
were folded into a new Central Directorate of Domestic Intelligence, DCRI (Direction
Centrale du Renseignement Int erieur), renamed Directorate-General of Domestic Secu-
rity, DGSI (Direction G en
erale de la Securit
e Int
erieure), in 2012. Security officials had
been stressing the need to increase cooperation among or even merge the two domestic
intelligence services, DST and DCRG, since the 1990s, when a plan drawn up by Prefect
Jacques Fournet was withdrawn at the last minute due to political snags.26 Merger opti-
mists were quick to point out that the pooling of resources and expertise would help
reduce redundant missions and functions and represent a winwin situation for both serv-
ices. The DCRGs impressive regional representation included more than twenty out-
posts; the DST could point to its established relationship with the investigating
magistrates that set it apart from all other services.27 While the complementary features
Countering Jihadi Terrorists and Radicals the French Way 985
of the two services were generally recognized or at least assumed, reorganization pessi-
mists warned against brutally forc[ing] these two services together . . . [as] the sharing of
resources would be a major step, further emphasizing that one must understand the ben-
efits of retaining different competences and cultures.28 Whereas the DST had a more
international focus and representation, having traditionally engaged in counterintelligence
and targeted foreign intelligence and terrorist activities on French soil, the DCRG and its
extensive network of regional outposts traditionally focused on homegrown terrorism and
surveillance of French citizen suspects. The 2012 rebranding entailed a few more changes
designed to increase technical resources and the small cadre of radical Islam experts.
Most important, it was supposed to strengthen information sharing between the former
DCRG and DST services, as the DCRG appeared to have become increasingly marginal-
ized after the merger.29
Summing up, the overall scope of French reforms after 9/11 is of note, especially
when considering Frances extensive prior counterterrorism experience, which culmi-
nated in various major counterterrorism reforms in 1986 and 96. In fact, French
investigating magistrates and other security services, the DST in particular, had even
specialized in countering Jihadi terrorism. Regardless, French presidents and prime
ministers consistently sought to adjust and expand the existing counterterrorism arse-
nal after 9/11. All in all, French governments passed more than seven domestic secu-
rity laws after 2001, three of which were specifically formulated to counter terrorism.
New counterterrorism measures broadened data collection and disclosure powers of
security services, in particular those of the regular police forces. Preventive policing
powers and criminal law provisions were strengthened, while judicial checks on law
enforcement powers continued to fade. Many of the new counterterrorism provisions
were consistent with Frances unique approach to purposefully target ordinary crimi-
nals, delinquents, or immigrants, and any of their activities, in an effort to identify or
disrupt potential terrorismcrime linkages. Similarly, the overall trend was consistent
with French counterterrorism tradition where the barrier between prevention and
punishment is not airtight.30
In terms of institutional reforms, the 9/11 attacks presented an opportunity for vari-
ous presidents to assume the leadership role in the domestic security realm, traditionally
considered prime ministerial turf. The creation of numerous new coordinative mecha-
nisms, including the 2001 Elysee security czar, the 2002 Domestic Security Council
(replaced by the Defense and National Security Council and the National Intelligence
Council in 2009), and the 2004 Domestic Intelligence Council (which became obsolete
due to the DCRI merger), reflects this struggle over domestic counterterrorism power, as
well as presidential expansionism under presidents Jacque Chirac and Nicolas Sarkozy.
Largely created by and for the president, the mechanisms were intended to strengthen the
presidential hand and domestic reach. President Sarkozy also oversaw and determined the
details of the DCRG/DST merger into the new DCRI, followed by President Francois
Hollandes more recent DGSI modifications.
While French counterterrorism forces were able to disrupt and prevent various
attacks between 2001 and 2014,31 also with the help of their counterterrorism arsenal, in
2012 France suffered its first domestic terrorist attack in sixteen years: Islamist gunman
Mohamed Merah killed seven people in a series of attacks across the country. French
authorities were not unfamiliar with him: he was deemed a security threat by the DCRG
due to his travel interests in the Middle East and South Asia,32 had been questioned by
the DCRI after he was picked up by Afghan security forces in 2010, and was subject to
DCRI surveillance after returning to France in 2011.33 French authorities also were not
986 D. Hellmuth
extreme ideas lead to violent behavior. There will always be far more radicals than
terrorists, and the question of how people are radicalizing is just as important as the why
they are radicalizing.45
Prominent places and means of recruitment involve mosques and community centers,
the Internet, and prisons. The latter have long been considered places where individuals
are especially vulnerable to Jihadi radicalization.46 When arriving in prison, inmates
experience stress, alienation, and isolationmaking them vulnerable to extremist
approaches. A prison sentence marks a drastic break with existing routines, familiar sur-
roundings and personal safety, and frequently goes hand in hand with personal crisis and
a desire to take revenge or at least defy authorities. Under these circumstances, religion
provides a stable framework and security. Many prisoners face existential questions, and
religion helps answer these questions.47 Religious communities offer a way out of isola-
tion and into new social networks, and may afford important physical protection against
other prisoners. Members of radical Islamic prison gangs who adhere to strict Islamist
behavior and language manage to intimidate others, even the prison staff. Joining these
gangs induces a sense of strength and superiority compared to other gangs.48
Several European countries, first and foremost the Netherlands and Britain, began
addressing counterradicalization after suffering homegrown attacks in 2004 and 2005.49
While their approach also includes tough security-oriented measures (surveillance,
repression, prosecution, and administrative measures), these often go hand in hand with
softer measures and programs designed to prevent individuals from becoming fully radi-
calized and participating in violent actions, or rehabilitate and reintegrate them.50 Softer
measures may involve interventions, phone hotlines, dialogues and workshops with Mus-
lim communities, vocational training, or counseling and exit programs.51 While local pro-
grams started springing up after 9/11, some countries were slower than others to tackle the
issue at the national level, with, for example, Germany being comparatively late to
address the issue.52
France, however, did not fall into either category. As a matter of fact, France until
2014 solely countered radicalization by prosecuting those guilty of committing terrorism
offenses and rejected any soft counterradicalization measures, such as assisting those
who have strayed from the non-radical path.53 Instead, terrorism was viewed as a viola-
tion of law that is punishable by law, facilitated by the preventive investigating judges,
and not the culmination of the radicalization process.54 The foreign fighter dilemma
that emerged in 2014 was thus treated as a terrorism-related crime and answered by
means of repressive and judicial measures.55 Aspiring foreign fighters, their recruiters,
and those returning from foreign battlefields were subjected to the conspiracy clause
whenever possible, and, therefore, surveillance, arrests, interrogations, deportations, and
prison sentences. According to Marret, this perspective comes with benefits: it categorizes
terrorism as a crime and distinguishes between the fight against terrorism and the social-
political conditions under which terrorism or political violence can take place.56At the
same time, Marret draws attention to the Catch-22 situation: France is paradoxically a
victim of the successes of its national Counter-Terrorism system.57 While prison senten-
ces are comparatively short, on average seven years,58 57 percent of prisoners are re-con-
victed within five years of their release.59 The large number of Islamist prisoners is
thought to facilitate proselytization and radicalization behind bars. Isolating them used to
be an option only in exceptional cases, due to human rights concerns.
In this context it is important to note that counterradicalization models utilized in
many other European countries run counter to one of the key pillars of the French repub-
lic: Frances particular version of secularism does not allow for religion or religious
988 D. Hellmuth
These figures are expected to grow due to the rising numbers of returning foreign fighters
in France. France leads Western countries in terms of overall numbers of foreign fighters,
with more than 1,200 estimated to have left for Syria and Iraq by February 2015.69
Moreover, external border controls of the Schengen area would be stepped up. The
government further announced a new database for convicted terrorists and plans for a
new intelligence law to be passed before the summer. The intelligence bill, approved by
the Cabinet in March 201570 and adopted by the National Assembly in the first reading in
early May,71 introduced a legal framework for intelligence collection, specifically wire-
taps and connection data. Internet and phone service providers would have to provide
access to their data, intelligence services be authorized to tape and record in private resi-
dences and capture computer data by means of keylogging devices, and mobile and digi-
tal communications of terrorist suspects could be monitored more easily. These powers
already existed, but pursuant to the new bill intelligence services would be subject to
administrative oversight only, in form of a (newly created) Commission and prime minis-
terial approval. While this focus on expanding surveillance powers had been expected,
the bill did not include any provisions geared toward criminalizing racist and anti-Semitic
behavior, hate speech, and language on the Internet. The latter illustrates an effort to go
after the online recruitment of foreign fighters and cognitive radicalization, at the risk of
infringing on the freedom of speech, and became a core element of a three-year national
plan Prime Minister Valls announced in April.72 In addition, the Interior Ministry
launched a public campaign calling on U.S. Internet service operators to block content
thought to be responsible for inciting hatred.73 Finally, the intelligence bill also contained
a provision that intelligence collection in prisons, for example the monitoring of prison
communications, would become the responsibility of intelligence services and no longer
be handled by the prison administration.
In terms of prison reforms, two other government initiatives are of note, announced
days after the attacks. First, in an effort to better control and counter radicalization among
the prison population, inmates who are deemed radicalized will be isolated from com-
mon criminals.74 Isolating radical prisoners from others has already been possible in
France under the DPS (D etenu Particuli erement Signal e) procedure, but it was not
applied consistently or across the board but on an individual basis.75 Since November
2014, twenty-three prisoners have been subject to a pilot project at the prison of Fresnes
(Val-de-Marne), and their isolation will be extended to four other prisons. All of their
activities are performed in isolation, their cells do not have outside windows, and they are
highly monitored.76 But to be effective, according to Prime Minister Valls, this iso-
lation must go hand in hand with a strategy of structured intelligence shared with the Min-
istry of the Interior, a review of the conditions under which imams are recruited and
trained, and further professional training for staff dealing with these inmates.77 Repre-
senting a softer counterradicalization approach, the number of prison imams is to
increase by sixty and their recruitment and training to improvea challenging undertak-
ing since prison imams need to be both qualified, modern enough to understand social
media, and also moderate, willing, and capable of engaging in political debates.78
The focus on prisons is not coincidental or new. The main perpetrator of the 1995
Paris subway attacks, Khaled Kelkal, was a thief-turned terrorist who radicalized in
prison. Two of the 2015 Paris attackers met in prison, as mentioned above. One of the
two brothers, Cherif Kouachi, met Amedy Coulibaly inside the Fleury-Merogis prison,
where he was incarcerated from January 2005 to October 2006. While Coulibaly, who
served a sentence for drug trafficking and robbery, became radicalized in prison, Cherif,
convicted for attempting to travel to an Iraqi terrorist camp, reportedly intensified his
990 D. Hellmuth
Jihadi convictions behind bars. Djamel Beghal, who at the time served a ten-year prison
term for plotting to attack the U.S. embassy in 2001, is considered instrumental in their
radicalization. Mohamed Merah, who shot dead seven people in 2012, also became radi-
calized while behind bars. Finally, Mehdi Nemmouche, deemed responsible for the May
2014 murder of four people in Brussels, was radicalized when he spent five years in
prison for robbery. In fact, the role of the prison imams was already scrutinized and
debated in the aftermath of both the 2012 and 2014 attacks.79
At least 50 percent of the 68,29580 prison inmates in France are Muslim, and the lack
of Muslim chaplains is thought to have created a vacuum that leaves room for self-
appointed and self-taught imams and their radical ideas.81 France did increase the number
of prison imams in 2009 and 2010, and introduced new vetting and training programs to
ensure that imam teachings are compatible with French values, but the overall numbers
are considered marginal. While counterradicalization was not tackled per se, prison staff
was trained to detect radicalization and for intelligence collection, and imams made in
France were considered the best way of spreading moderate Islam.82 In July 2009, Mar-
ret counted 147 official prison imams in France, compared to only eighty in 2006.83
Another fifteen were added in 2012 and 2013 each.84 By 2014, the number had thus
increased to 182 imams who were responsible for more than 35,000 Muslims, compared
to 681 Catholic and 70 Jewish chaplains.85 The figures also pale compared to the 200
Muslim chaplains who tend to approximately 11,000 Muslim inmates in English and
Welsh prisons.86
While the estimated number of Jihadi prison inmates lay between 150 and 160 in
February 2015, identifying radical inmates is also difficult because prisons are generally
overcrowded and understaffed. French prisons had an official capacity of 57,920 in April
2015, but held more than 66,700 inmates.87 Prison guards oversee some 100 inmates
respectively, but are not trained for counterradicalization.88 Detecting radical prisoners
also represents challenges because their profile has changed over the past ten years, mak-
ing it ever more difficult for prison authorities and others to identify them.89 Taqiya, the
practice of concealing ones faith to avoid detection by the authorities, remains a chal-
lenge for everybody involved.90 The brother of Toulouse killer Abdelkader Merah, kept
in his iPod a small manual that reminded brothers to have a suitable image vis-a-vis the
population, or to not wear their wrist watches on their right arms.91 All of this is sup-
posed to prevent them from being noticed and distinguish them from the die-heart Salafi-
Jihadists who seek to imitate the appearance and doings of the Prophet Mohammed in
every detail of life. While Nemmouche did have a run-in with prison authorities because
he called for a collective prayer in violation of prison rules, neither Mohamed Merah,
Cherif Kouachi, nor Amedy Coulibaly displayed any obvious symptoms indicating their
radicalization.
Prison intelligence resources have been boosted after the 2015 attacks, and another
fifty-five intelligence officers are being added to prison bureaus. Established in 2003, the
intelligence offices of the prison administration (Bureau du Renseignement Penitentiaire)
were created to detect those radical inmates who were withdrawing from mainstream
prison population, and also supervise them. Prison intelligence did not cooperate or share
information with other intelligence services until after the 2012 Merah attacks, when an
official information-sharing protocol was signed by the prison administration and the
Directorate-General of Domestic Security. In addition, the protocol specified that the
DGSI would train some of the personnel on new issues of radical Islam.92 A staff of
thirteen work out of the prison intelligence office in Paris and communicate with the
Directorate-General on a daily basis, but each of the ten regional prisons also rely on one
Countering Jihadi Terrorists and Radicals the French Way 991
intelligence delegate, and Paris, Lyon, Lille, and Marseille on two full-time intelligence
staff.93 Since 5 January 2015, the prison administration has been detailed to the UCLAT
and participates in its weekly meetings.94
Based on French Justice Department statistics, only a small minority of Jihadi
inmates become radicalized while in prison. According to the Department of Justice,
among the total prison population of 66,530 in November 2014, 850 prisoners were being
monitored due to the seriousness of the crimes committed. Of the 850, 283 were con-
victed on the basis of terrorism charges (including non-Jihadi). However, only 152 of the
283 were categorized as Jihadi terrorists.95 Since the majority of Jihadi prisoners, a total
of 84 percent, are serving their first prison sentence, they must have radicalized outside
prison.96 While the focus on prison radicalization may indeed be exaggerated, and prison
counterradicalization programs certainly do not represent a panacea to the Jihadi threat,
one might argue that the degree of Jihadi commitment varies among radicals, especially
when considering that the criminal association in relation with terrorism charge that
allows security services to act preventively before crimes have been committed is often
based on only circumstantial evidence. In other words, while Jihadi prisoners have been
convicted based on Jihadi terrorism charges they may not (yet) represent hardened Jihad-
ist terrorists when entering prison.
The twofold reforms, increasing the number of better vetted and trained imams and
isolating radical Islamists from petty criminals, are supposed to address the two related
dilemmas of leaving vulnerable prisoners at the mercy of radical inmates, or self-
appointed imams. A greater number of imams should help fill a vacuum and reduce room
for radical propaganda.97 However, it will remain challenging to improve their overall
caliber. In June 2014, Hassan el-Anoui Talibi, chief prison imam in France, issued a state-
ment, calling for an official and professional status for prison chaplains, similar to that
which already exists for hospital and military chaplains. Currently, prison imams do not
receive a pension, social security, or any other public assistance, and are merely reim-
bursed for their travel expenses.98 While the budget for Muslim chaplains will be dou-
bled, it will not be sufficient to pay salaries, pensions, or health benefits.99 While this
kind of support does not exist in the case of, for example, Catholic prison chaplains either,
the latter receive substantial financial aid through the Catholic Church, which is also
responsible for their training. Finding qualified and moderate imams is not only a financial
challenge; it remains complicated to certify imam qualifications as Islam does not require
a standardized education or diplomas for its spiritual leaders. The imams who tend to pris-
ons are volunteers, but do not undergo any required training. However, some kind of man-
datory training would provide status by professionalizing the function, as already exists
in the army.100
While increasing the number of qualified Muslim chaplains is deemed an urgent
necessity, so is the integration of additional services as part of a wider inter-disciplinary
approach. According to Ouisa Kies, prison administration director of the detection and
supervision of radical inmates program, new forms of radicalization cannot be dealt
with unless a close cooperation is established between the various professionals involved
in the prison administration (prison counselors and probation officers, intelligence offi-
cers, schools, doctors, psychologists, etc.).101 A system-wide approach becomes impera-
tive also due to the large number of serious mental disorders, which affect about thirty
percent of all prisoners who become easy prey for jihadists.102 Further illustrating the
unique French perspective, Kies explains that chaplains are essential partners in the
administration, but we cannot imagine a secular republic meeting a social problem only
by means of religion.103
992 D. Hellmuth
Conclusion
The 2015 reforms are consistent with Frances past approaches to Jihadi terrorism. Illus-
trating a familiar pattern and much in line with its security-oriented counterterrorism
approach, the French government boosted counterterrorism spending and personnel and
expanded surveillance powers. Similarly, radicalism is tackled and countered by means
of surveillance, intelligence, prosecution, and the concentration and isolation of prison
radicals.
In addition, however, Prime Minister Valls introduced a few softer preventive meas-
ures and pledged that the number of prison imams would increase and their training be
improved, to assist Muslim prison populations and in an effort to prevent the spread of
the Jihadi virus in the first place. The focus on prison imams is noteworthy as it represents
an effort to bolster the counterradicalization campaign, thus far centered on the national
phone hotline center in combination with local initiatives that are triggered through the
hotline. According to Interior Ministry estimates, a total of seventy to eighty people
(approximately 12 percent of all calls recorded by the hotline) were thus prevented from
leaving France within the first six months of the hotlines existence in the latter part of
2014.104 The number of calls into the hotline doubled in the weeks following the January
attacks, from previously seven to sixteen per day.105 The hotline was also deemed instru-
mental in preventing several French nationals from leaving for Syria in February 2015, as
they became the first to have their passports confiscated.106 In a similar vein, to give fami-
lies and relatives of those in danger of radicalizing additional tools and arguments to chal-
lenge the Jihadi ideology, the French government introduced a new Stop-jihadism
Internet platform. The documents and videos posted on the site offer a counternarrative to
the Jihadi perspective in an effort to prevent online recruitment of foreign fighters.107
Apart from increasing the numbers of prison imams, however, their status has not
been elevated or professionalized, a fact that will continue to hamper their overall poten-
tial. The commitment to French republican, secular values makes the consideration of
other counterradicalization options more challenging. A much discussed December 2014
report that was prepared by a former defense department official emphasized the need to
include Muslim elites, and especially religious ones, when it comes to counterradicaliza-
tionotherwise, Muslim communities would feel stigmatized. According to the report,
moderate Muslim voices are needed to counter radical Salafi narratives that capture all
of the media space.108 As long as the government office of organized religions (bureau
centrale des cultes) remains part of the security-minded Interior Ministry, so the report
argued, it would not be possible to build these relations as Muslim representatives would
be considered deputy-sheriffs by their community. In the absence of a political
response to growing islamist fundamentalism, so the report summarized, various
administrations have opted for a security-focused response to its terrorist
manifestation.109
The decision to isolate radical prisoners fits with this still prevailing security-focused
approach. Several European countries, including Spain and the United Kingdom, have in
the past opted to concentrate and separate terrorist prisoners from ordinary prisoners. The
approach is designed to prevent further radicalization and provide for additional security.
However, it comes with the risk of facilitating so-called prison universities110group
polarization that occurs when like-minded people deliberate in a confined space and the
discussions push individuals to become more extreme.111 While behind bars, prisoners
have all the time in the world to compare notes on ideas, ideologies, tactics, strategies,
mistakes made, and lessons learned. In sum, isolating radical jihadists from so-called
Countering Jihadi Terrorists and Radicals the French Way 993
petty criminals, according to Khosrokhavar, will keep them from influencing others, but
it strengthens the bonds they have with each other.112 At the same time, isolating them
may lead others to view them as victimized and thereby increase their importance. Others
have pointed to a loophole that only those detained on terrorism charges will be subjected
to isolation, whereas petty criminals may also be radical and be able to still proselytize.113
The practical feasibility of isolating the radicals may be questioned as well.114 In this con-
text it is worth noting that Djamel Beghal, considered instrumental in the radicalization of
the 2015 attackers, was held in solitary confinement between March 2003 and 2006, when
he first met Cherif Kouachi and Coulibaly.115 Finally, critics argue that only the most rad-
ical prisoners should be isolated, especially when considering the growing numbers of
returning foreign fighters.116 There are different levels of radicalization, and while all
were considered radical when leaving for Syria or Iraq, not all of them return as hardened
jihadists but some may have become disillusioned with waging Jihad or even deeply trau-
matized, especially the teenagers.117 Upon their return, however, all French foreign fight-
ers are treated alike and are either directly taken into custody and prosecuted, or else put
under surveillance. While in June 2014 prison authorities counted only ninety radical
Jihadi inmates, their numbers had grown to 152 in January 2015.118 If nothing else, these
figures suggest that French prisons will continue to face formidable challenges in the
years ahead as more and more foreign fighters return home.
Notes
1. See, for example, Jeremy Shapiro and Benedicte Suzan, The French Experience of
Counter-Terrorism, Survival 41(1) (2003), pp. 6798; Jeremy Shapiro, France and the GIA, in
Democracy and Counterterrorism, ed. Robert Art and Louise Richardson (Washington, DC: USIP,
2007), pp. 133166; Gary Schmitt, France: In a League of Its Own, in Safety, Liberty, and Islamic
Terrorism, ed. Gary Schmitt (Washington, DC: AEI, 2010), pp. 3147.
2. Pursuant to a 2008 reform, the DST was merged into the DCRI (Central Directorate of
Domestic Intelligence). The DCRI was renamed Central Directorate of Domestic Security (DGSI)
in 2012. The DSTs relationship with the investigating judges was not affected by the
reorganization.
3. For a detailed discussion of the investigating judges, see, French Experience, pp. 7778.
4. Jeremy Shapiro, Detention of Terrorism Suspects in Britain and France, Brookings Insti-
tution, 15 July 2008.
5. Shapiro and Suzan, French Experience, pp. 8283.
6. This point has been clarified by Frank Foley in Countering Terrorism in Britain and
France (Cambridge: Cambridge University Press, 2013), p. 99.
7. All 2001 references in this section refer to provisions of the 2001 LSQ Law. Loi no.
20011062 du 15 novembre 2001 relative a la securite quotidienne, Journal Officiel 266 (16
November 2001), pp. 1821518229.
8. 2006 references in this part refer to the 2006 Combating Terrorism Law. Loi no. 200664
du 23 janvier 2006 relative a la lutte contre le terrorisme et portant dispositions diverses relatives a
la securite et aux contr^oles frontaliers, Journal Officiel 20 (24 January 2006), pp. 11291137.
9. 2003 references in this segment refer to the 2003 LSI Law, Loi 2003239 du 18 Mars 2003
pour la securite interieure, Journal Officiel 66 (19 March 2003), pp. 47614789.
10. 2002 references in this section refer to the 2002 LOPSI Law, Loi no. 20021094 du 29
ao^ut 2002 dorientation et de programmation pour la securite interieure, Journal Officiel 202 (30
August 2002), pp. 1439814410.
11. Laurent Borredon and Jacques Follorou, En France, la DGSE au cur dun programme
de surveillance dInternet, Le Monde, 11 June 2013.
12. As per Decret n 20141095 du 26 septembre 2014 portant creation dun traitement de
donnees a caractere personnel denomme systeme API-PNR France pris pour lapplication de
larticle L. 2327 du code de la securite interieure.
994 D. Hellmuth
13. 2011 references in this part refer to the 2011 LOPPSI II Law, Loi no. 2011267 du 14
mars 2011dorientation et de programmation pour la performance de la securite interieure, Journal
Officiel 62 (15 March 2011), p. 4582.
14. 2014 references in this segment refer to the 2014 Reinforcing Counterterrorism Law, Loi
n 20141353 du 13 novembre 2014 renforc ant les dispositions relatives a la lutte contre le terror-
isme, Journal Officiel 263 (14 November 2014), p. 19162.
15. 2012 references in this section refer to the 2012 Security Law, Loi no. 20121432 du 21
decembre 2012 relative a la securite et a la lutte contre le terrorisme, Journal Officiel 298 (22
December2012).
16. Jean Chichizola, Islamisme radical: la police dIle-de-France multiplie les decouvertes,
Le Figaro, 18 May 2005; Jean Chichizola, Parti de Manchester, le franc ais etait un professionnel
du djihad, Le Figaro, 29 June 2005.
17. Pascal Ceaux and Herve Gattegno, LElysee veut faire de Philippe Massoni son Monsieur
Securite, Le Monde, 2 November 2001; Un super-prefet a lElysee, Le Monde, 2 November
2001.
18. Piotr Smolar, Une cellule permanente contre le terrorisme a ete creee autour de la
DGSE, Le Monde, 18 September 2004.
19. Christophe Cornevin, Les six grands chantiers de Villepin, Le Figaro, 25 June 2004.
20. Presidence de la Republique, no. 20091657 du 24 decembre 2009 relatif au conseil de
defense et de securite nationale et au secretariat general de la defense et de la securite nationale,
Journal Officiel 301 (29 December 2009), p. 22561.
21. Open Source EUP20070308029001, Paris, D efense (in French), 1 January 200428 Febru-
ary 2007. Interview with Nicolas Sarkozy, Frances Sarkozy Sets Out Defense Policy Guidelines.
22. Open Source EUP20070222338004 Paris, Intelligence Online in English language, 23
February 2007, French Interior Minister Intent on Merging Domestic Spy Agencies.
23. Floran Vadillo, Le Conseil National du Renseignement: Une presidentialisation sans
justification, La Fondation Progressiste Terra Nova Note (7 December 2009), p. 1. On this issue,
see also Floran Vadillo, Vers une nouvelle coordination du renseignement, Le Monde, 7 March
2011; Nathalie Cettina, Antiterrorisme: Une Fragile Coordination, Centre Franc ais de Recherche
sur le Renseignement, Note de Reflexion No. 9 (10 April 2011), pp. 811.
24. Cettina, Antiterrorisme, pp. 1012.
25. Foley, Countering Terrorism, p. 123; Cettina, Antiterrorisme, pp. 1213.
26. Jacques Fournet On se heurte a des objections de carriere et a des inconvenients polit-
iques, Le Monde, 26 December 2003.
27. Jean-Marc Leclerc, Les Renseignements generaux et la Direction de la securite du terri-
toire reflechissent a leur reorganisation, voire a leur fusion, Le Figaro, 19 August 2002.
28. Jacky Durand, Les mondes paralleles du renseignement, Lib eration, 26 April 2006.
29. Ministere de lInterieur, Interventions du Ministre, R eforme du renseignement, 17 June
2013.
30. Dominique de Villepin, Prevailing Against Terrorism: White Paper on Domestic Security
Against Terrorism (Paris: Documentation Franc aise, 2006), p. 53.
31. De Villepin, Prevailing Against Terrorism, pp. 34, 129130. See also Petter Nesser,
Chronology of Jihadism in Western Europe 19942007: Planned, Prepared, and Executed Terrorist
Attacks, Studies in Conflict and Terrorism 31(10) (October 2008); Petter Nesser, Toward an
Increasingly Heterogeneous Threat: A Chronology of Jihadist Terrorism in Europe 20082013,
Studies in Conflict and Terrorism 37(5) (April 2014).
32. Cecile Deffontaines and Olivier Toscer, Comment le contre-espionnage a egare la fiche
de Merah, Le Nouvel Observateur, 18 April 2012.
33. Laurent Borredon and Jacques Fallorou, Bernard Squarcini: Nous ne pouvions pas aller
plus vite, Le Monde, 23 March 2012.
34. Paris Killings Show the Challenges for Security Services, Financial Times, 15 January
2015.
35. Jean-Luc Marret, Prison De-Radicalization and Disengagement: The French Case, ICSR
Project on De-radicalization in Jail (20 October 2009), p. 21. For a similar argument, see also
Soren Seelow, Quelle politique de lutte contre la radicalisation? Le Monde, 19 January 2015.
36. Damien Leloup, Paris, Bruxelles, Toulouse . . . la radicalisation des terroristes na pas eu
lieu sur le Web, Le Monde, 13 January 2015.
Countering Jihadi Terrorists and Radicals the French Way 995
37. For a summary of the debate and evolution of terrorism definitions, see Bruce Hoffman,
Inside Terrorism (New York: Columbia University Press, 2006), pp. 141; Louise Richardson,
What Terrorists Want (New York: Random House, 2007), pp. 320.
38. Peter Neumann, The Trouble with Radicalization, International Affairs 89(4) (2013), p.
876.
39. Rik Coolsaet, Europe: Reinforcing Existing Trends, in Mohammed Ayoob and Etga
Ugur, eds., Assessing the War on Terror (Boulder, CO: Lynne Rienner, 2013), p. 148.
40. Clark McCauley and Sophia Moskalenko, Friction: How Radicalization Happens to Them
and Us (New York: Oxford University Press, 2011), p. 4.
41. Neumann, Radicalization, p. 874.
42. Ibid. Neumann refers to the models of Fathali Moghadam, Clark McCauley and Sophia
Moskalenko, and Zeyno Baran. Magnus Ranstorp emphasizes process and context in Understanding
Violent Radicalization (London: Routledge, 2010).
43. Mehdi Hasan, Woolwich Attack: Overreacting To Extremism Could Bring Back Al
Qaeda Ex CIA Officer Warns, Huffington Post, 28 May 2013.
44. Ibid.
45. John Horgan is quoted in Neumann, Radicalization, p. 879. See also Randy Borum,
Radicalization into Violent Extremism I: A Review of Social Science Theories, Journal of Strate-
gic Security 4(4) (2011), p. 8.
46. Neumann distinguishes between places of vulnerability and places of congregation, in
Joining Al Qaeda: Jihadist Recruitment in Europe, Adelphi Books (December 2008), p. 21. In the
United States, Jihadi prison radicalization drew attention starting in 2006; see Out of the Shadows:
Getting Ahead of Prisoner Radicalization, The George Washington University Homeland Security
Policy Institute and The University of Virginia Critical Incident Analysis Group (2006); Mark
Hamm, Prisoner Radicalization: Assessing the Threat in U.S. Correctional Institutions, National
Institute of Justice Journal 261 (October 2008).
47. Neumann, Joining Al Qaeda, p. 25.
48. Ibid., p. 26.
49. Coolsaet, Existing Trends, p. 11; Angel Rabasa, Stacie Pettyjohn, Jeremy Ghez, and
Christopher Boucek, Deradicalizing Islamist Extremists, RAND Corporation Monograph (Santa
Monica, CA: RAND Corporation, 2010), 121155.
50. See also Piotr Bakowski and Laura Puccio, Foreign Fighters, European Parliamentary
Research Service (February 2015); Radicalization Awareness Network (RAN), The RAN Declara-
tion of Good Practices for Engagement with Foreign Fighters for Prevention, Outreach, Rehabilita-
tion and Reintegration. Available at http://www.icct.nl/download/file/RAN-Declaration-Good-
Practices-for-Engagement-with-Foreign-Fighters.pdf (accessed 28 May 2015).
51. James Brandon, The UKs Experience in Counterradicalization, Combating Terrorism
Center Sentinel 1(5) (April 2008); Lorenzo Vidino, A Preliminary Assessment of Counterradicali-
zation in the Netherlands, Combating Terrorism Center Sentinel 1(9) (August 2008).
52. Dorle Hellmuth, Countering Islamist Radicalization in Germany, Combating Terrorism
Center Sentinel 6(1) (January 2013).
53. Seelow, Quelle politique; see also Foreign Fighters: An Overview of Responses in
Eleven Countries, CSS Study (Zurich: Center for Security Studies, 2014), p. 10.
54. Marret, Prison, p. 15.
55. Foreign Fighters, CSS Study, p. 10.
56. Marret, Prison, p. 16.
57. Ibid., p. 21.
58. Ibid., p. 18.
59. Prison Overcrowding: Rare Glimpse Inside French Prison, BBC News Europe, 20 Octo-
ber 2013.
60. Francesco Ragazzi, Towards Policed Multiculturalism? Counter-radicalization in
France, the Netherlands, and the United Kingdom Les Etudes du CERI, n 206 bis (September
December 2014), p. 10.
61. Ragazzi, Policed Multiculturalism, p. 35.
62. Terrorisme: Ayrault demande une reflexion sur les phenomenes de radicalization, Les
Echo, 4 October 2013.
63. Livre blanc, D efense et la S
ecurit
e Nationale (Paris: Direction de linformation legale et
administrative, 2013), p. 104.
996 D. Hellmuth