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Riot cop force tops Spanish list of shame

Amnesty International has warned that police behaviour at demonstrations is one of a number of areas in which Spain 'must improve' its human rights record.

Riot cop force tops Spanish list of shame
Excessive use of force by police, evictions, domestic violence and racism in Spain have been criticized. Photo: PIERRE-PHILIPPE MARCOU/AFP

An annual report released on Thursday by human rights organization Amnesty International (AI) flags racism, domestic violence, treatment of immigrants, crimes against international law and counterterrorism measures as key areas of concern in Spain.

'Excessive use of force' by police when dispersing public demonstrations as well as evictions which fail to meet international legal guarantees are specifically criticized, according to Spanish daily 20 Minutos.

AI recognizes in the report that the economic crisis has increased the severity of many problems and urges Mariano Rajoy's government to analyze whether social reforms have endangered human rights.

The report condemns the inability to identify or prosecute police officers involved in violent incidents at demonstrations because of the absence of ID numbers on their uniforms.

A number of examples of this from 2012 are cited, including the case of Ángela Jaramillo who died of a heart attack three months after being struck repeatedly by baton-wielding police, and that of Paloma Aznar, an accredited journalist who was wearing a visible press pass when she was shot with a rubber bullet.

Police behaviour in September at a demonstration in Madrid is also criticized in AI's report, which highlights journalists being threatened and peaceful protesters being struck and shot with rubber bullets.

Investigation of prisoner abuse and torture in Spain is considered "often inadequate" but these problems are "not systemic", according to Esteban Beltran, AI's national director.

Amnesty recommends the construction of a legal framework to protect the rights of people who are evicted as a result of the crisis and claims that current forced evictions are far from meeting international legal guarantees.

The organization says that no progress has been made in this area in the two years since AI first reported that hundreds of thousands of families in Spain were at risk of becoming homeless and that nine million people were living in poverty without access to legal support.

Other areas of concern mentioned in the report include obstacles to worship for religious minorities, domestic violence against women, lack of access to health care for immigrants, the inability to investigate historical crimes and failure to apply international law in counterterrorist operations.

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POLICE

READER QUESTION: What powers do police have on the street in Denmark?

Police in Denmark can only stop and search members of the public without cause under special circumstances. What are the rules that apply?

READER QUESTION: What powers do police have on the street in Denmark?

Copenhagen Police said last week that they had confiscated more than 20 knives in just under a month as a result of around 830 people being checked for weapons in special visitationszoner or “stop-and-search” zones.

Denmark’s laws allow these zones to be established by law authorities for a limited period in response to violent crime. They mean police officers can stop people on the streets or in cars and check if they are carrying weapons without having to give any cause.

READ ALSO: Danish police search 830 people in Copenhagen in less than a month

The Local was contacted by a reader who asked what police “may and may not do” in Denmark.

“For example, can they ask for ID, question you on the street, search you? Can people video in a public place?”, they wrote.

Asking for ID

Police don’t have the right to demand ID, but can ask for your name, address and date of birth, in accordance with paragraph 750 of Denmark’s Retsplejeloven or policing laws. You do not have to give your full CPR (personal registration) number if you have one, although you might be asked for it and see no reason not to give it.

If someone refuses to provide this basic information to the police or provides false information, they can be fined or punished.

It’s worth noting, though, that foreign residents of Denmark who have an opholdskort or residence card are technically required to carry it with them at all times.

READ ALSO: Can you travel in and out of Denmark if you lose your residence card?

The police can question members of the public, but individuals are not required to provide any statements, and no force can be used to compel someone to speak or answer questions. 

Searching

Police can search a person or their vehicle if they have “reasonable suspicion” that the person may have broken the law. They can only conduct a search without any cause if they are in a designated search area (visitationszone) as described above.

In non-visitationszoner, police need reasonable grounds to conduct a search. This can include visible illegal activity, smell of drugs, acting suspiciously or being in a location where drugs or weapons are known to be circulating.

Police may also search your vehicle if they suspect it contains illegal items, such as weapons or drugs, or if the vehicle is involved in a crime.

Detainment

Police in Denmark have the authority to detain individuals for questioning if they suspect the person has committed a crime. Detention without formal charges must be reviewed by a court (known as a grundlovsforhør) within 24 hours.

Police can issue on-the-spot fines for minor offences such as traffic violations and public disturbances, but must follow up with court procedure for serious matters.

All searches conducted by police must be recorded, as must preliminary charges (termed sigtelser), which mean you are under police suspicion. These preliminary charges, which police can give if they have “reasonable grounds” to suspect you have broken the law, enable them to carry out a search as described above.

You are not obliged by law to respond to police questions during these initial searches and proceedings. Once arrested, the police must inform you of your rights, which include the right to remain silent and the right to a lawyer.

Police must record searches and initial charges including the time and circumstances of the interaction, allowing a member of the public to later file a complaint if they believe police did not act correctly.

Video recording in public spaces

Members of the public have the right to film or photograph in public spaces, including police officers, as long as they do not interfere with police work. Denmark does not have laws that prohibit filming law enforcement as long as the filming does not obstruct the officers in their duties.

If police deem that filming obstructs their work or invades the privacy of others, they can ask individuals to stop. Recording police actions from a distance without interference should generally be allowed.

In 2021, Copenhagen Police commented after media reported, based on video evidence, that some officers had threatened members of the public with being arrested if they filmed them.

“Based on the recordings presented to us, we have decided to clarify the rules on this area to all employees. As a starting point, there is no basis for charging a person who is passively filming… a police officer on duty,” Copenhagen Police told newspaper Berlingske.

Complaints

Members of the public can file complaints with the independent Police Complaints Authority (Den Uafhængige Politiklagemyndighed) if they believe the police have misused their power or acted unlawfully. You should provide a case number when filing the complaint, if you have one.

Complaints can also be filed at local police stations.

As a member of the public, you have the right to complain about both the conduct of the police and the basis on which they took their decisions – meaning, for example, how they may have justified carrying out a search. In the later case, the complaint may mean you believe a police officer has broken the law.

The Police Complaints Authority handles the case differently depending on whether it relates to a conduct issue or a potential criminal act.

Are there any further questions relating to this article you’d like us to answer? Let us know in the comments.

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