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Migrants storm fences on Spain’s African border

Around 100 African migrants stormed a border fence from Morocco into Spanish territory on Tuesday, leaving five police officers injured, Spanish authorities said.

Published: 9 July 2013 18:16 CEST

Migrants storm fences on Spain's African border

Moroccans throw stones at a gate at the Beni-Enzar crossing between the Spanish enclave of Melilla and Morocco in October 2012. File photo: Pedro Armestre

Officials said about 40 of the migrants managed to cross the fence separating the Spanish enclave of Melilla from Morocco on the Mediterranean coast, in the latest in a wave of such attempts.

The migrants stormed a section of the six-metre (20-foot) fence near the airport in Melilla on Tuesday morning, Spanish government officials there said in a statement.

"The immigrants were grouped in a grove of trees on the Moroccan side and carried out a massive coordinated assault which the Civil Guard managed to partially abort," the statement said.

"In their efforts to defend the border fence, five civil guards were injured, none of them seriously for the moment.

Authorities have reported hundreds of Africans trying to enter the territory over recent months, by sea or over the fence, prompting clashes that have left migrants and security forces injured.

On March 11, some 25 people were injured as they sought to breach the fence. A Moroccan human rights group said that one of them, a Cameroonian migrant of 30, died of his injuries in Morocco.

Melilla, home to around 80,000 people, has one of the European Union's two land borders with Africa, along with the other Spanish enclave of Ceuta to the west.

Spanish authorities have reported a surge in attempts to scale the fence since a crackdown on arrivals via Spain's Canary Islands and in the wake of violent unrest in northern Africa over recent years.

Rights groups say many migrants are camping in the wild on the Moroccan side waiting for a chance to cross.

Medical aid group Doctors Without Borders this year closed its projects in Morocco in protest at the treatment of migrants who are brought there by traffickers and allegedly abused by Spanish and Moroccan police.

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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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