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THE VIEW FROM GERMANY

POLICE

‘Germany must face up to racist institutions’

Can a democratic state be racist? Of course, says Der Tagesspiegel's Andrea Darnbach - who argues that a nation with a past like Germany's must face up to the latent racism lying at the heart of German officialdom.

'Germany must face up to racist institutions'
Photo: DPA

Last week’s report by the German Institute for Human Rights left no doubt as to its views on racism in the police force. Rules which allow police to stop and search people on the basis of their appearance are not only against EU law, said the institute, but “compromise human dignity.”

In the aftermath of the report, journalist Darnbach wrote that Germany must stop feeling offended and come to terms with persistent institutionalised racism:

The human rights agency has thrown light once again on to a dark corner of political culture, which is the persistence of racism in the actions of the state.

The institute examined the Federal Police Act – which regulates the force’s remit and actions – and established that at least one paragraph illegally allows police to observe and watch people on the basis of their appearance. It is only a couple of words in a whole law. But it is illustrative.

It can be controversial to accuse a democratic country of racism, especially Germany of all countries. Not least because the wording of the law in question looks so harmless: In the text it only says that officers should rely on their “experience” – or rather their gut feeling.

No police officer is explicitly told that they should concentrate on stopping and searching black people. But that appears to have been the result.

German officialdom always likes to see itself as the model pupil of its own history, the story of how murderous race hate ended in genocide. To admit that even seventy years later the country is not completely finished with that process means that perhaps we have not learned our lessons quite as properly as we should have.

Racism also exists in democracies

But why? If we were talking about another issue, nobody would deny that even democracies which, on the whole, function very well are not immune to unsavoury developments more characteristic of dictatorships. The lively global debate about the USA’s spying program proves exactly that point.

But perhaps it is equality – always brutally destroyed by racism – which is so fundamentally a democratic principle, but one that democrats find can hardly bear being presented with the glaring reality so far from the ideal.

That’s what happens with racism, even more so when it’s not individual racism that’s the issue, but official, “institutional” racism on the state’s account.

Those who do not want to put a name to abuses are certainly not able to remedy them. The NSU murders could have almost certainly been prevented if racist bias by the investigating authorities hadn’t prevented racism from being recognised as the motive.

Instead racism continues to be routinely trivialised, even though it’s a danger for the whole society. And it weighs down on the lives of individuals: people who have to explain to their children why they are always asked to show their IDs, or why they cannot get a flat because of their skin colour or why they are always pulled off the train in full view of everyone.

Racism may be a serious accusation. But it’s much worse to do nothing about it.

This commentary was published with the kind permission of Tagesspiegel, where it originally appeared in German. Translation by The Local.

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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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