SHARE
COPY LINK

POLICE

How did the truck get past? – France probes Nice security

The French government has ordered a probe to examine the security operation in Nice on the night of July 14th after a newspaper alleged numerous "failings" and even "lies" by ministers.

How did the truck get past? - France probes Nice security
Police check cars on the night of the truck attack in Nice. Photo: AFP

The French government has bowed to increasing pressure to explain how the Nice truck killer was able to get past a security checkpoint on the night of the July 14th and go on to murder 84 people.

On Thursday the French interior minster Bernard Cazeneuve called in the so-called “police of the police” to begin an independent “technical probe” into the nature of the security operation mounted by police on Bastille Day.

The minister announced that the body that investigates the French police, the Inspection Generale de la Police Nationale will be called in to scrutinize the security operation in Nice on July 14th.

“This investigation will enable us to establish the facts around the operation while the needless debates continue,” Cazeneuve said in a statement.

The probe would be carried out for the sake of “transparency and truth that is owed to the victims and their families”.

Cazeneuve had come in for criticism after report in Liberation newspaper titled “Nice attack: security failings and a lie”, claimed he had lied about the level of security at the access to the Promenade des Anglais, the coastal road where Mohammed Lahouaiej-Bouhlel carried out his deadly 2km rampage.

Ever since last Thursday's attack the question of how in a state of emergency, with security supposedly top priority to deal with the heightened terror threat, a man could drive a 19-tonne truck onto a promenade where thousands were out celebrating France’s highly symbolic fête nationale.

“I want to know how this truck was able to enter the pedestrianized zone,” were the words of former mayor Nice Christian Estrosi on the night of the attack.

In the days after the attack PM Manuel Valls angrily rejected “shameful” suggestions that there were any security failings in Nice.

The government was forced to defend the operation on the night of July 14th and with the ministry of interior insisting that sensitive points of security at access points to the promenade saw national police posted to reinforce the local municipal police.

“This was particularly true of the truck’s entry point, with access to the road blocked by the positing of police vehicles. The truck forced his way through the road block by mounting the pavement,” read a statement from the local authority.

After a cabinet meeting on July 16th Cazeneuve had said that police cars had been parked to make access to the promenade impossible and again insisted that the truck had got passed the road block by “violently mounting the pavement”.

But Liberation newspaper contested this version of events in their report detailing the security that was present at the entrance to the Promenade des Anglais on the night of the attack.

After studying CCTV footage and photos and speaking to witnesses the newspaper said only one municipal police car was stationed on the road at the entrance to the Promenade, but it did not block access to vehicles..

The newspaper also claimed that no officer from the national police force was present alongside two municipal officers at the security perimeter, where at around 11pm Lahouaiej-Bouhlel crashed through at the beginning of his deadly rampage.

The paper claimed national police officers were stationed further down the promenade but their two cars were also parked lengthways, meaning they did not block the route of the driver hell bent on causing death.

Following Liberation’s report Cazeneuve hit back at the “serious falsehoods in the report”.

Cazeneuve insisted the national police had secured the entry to the pedestrianized promenade by stationing two vehicles at a check point along with six officers.

“The interior ministry reiterates that the security plan set up on July 14th was consistent is all respects with preparatory meetings held between local authorities and the police,” said Cazeneuve.

That was before he decided to launch the independent probe, which former Nice mayor Christian Estrosi will hope to answer his question of how Lahouaiej-Bouhlel and his 19 tonne truck got through.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

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.

SHOW COMMENTS