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French police cause misery for migrants in Calais

French police are inflicting misery on migrants in the northern port of Calais, routinely tearing down their tents and forcing them to wander the streets as part of a deterrence policy, Human Rights Watch (HRW) said in a report published on Thursday.

A migrant camp is evacuated by police forces in Calais.
A migrant camp is evacuated by police forces in Calais in February 2019. Photo: Philippe HUGUEN / AFP.

The 75-page report documents methods used by authorities to prevent the emergence of another major migrant settlement in Calais, five years after the demolition of the sprawling “Jungle” camp which housed up to 10,000 people at its peak.

Calais has for years been a rallying point for migrants from the Middle East, Asia and Africa trying to sneak across the English Channel to Britain.

Faced with growing public anti-migrant sentiment, President Emmanuel Macron’s government has waged a campaign to prevent new camps emerging.

Police tactics include systematically tearing down migrants’ tents in the woods, on wasteland or under bridges, regularly confiscating their belongings and harassing NGOs trying to provide them with aid, according to New York-based HRW.

“The authorities carry out these abusive practices with the primary purposes of forcing people to move elsewhere, without resolving their
migration status or lack of housing, or of deterring new arrivals,” it said in the report entitled “Enforced Misery: The Degrading Treatment of Migrant Children and Adults in Northern France”.

‘Harass and abuse’

NGOs estimate the number of migrants currently living around Calais at between 1,500 and 2,000, including numerous families. Local authorities estimate that only 500 remain in the area.

Last week, Interior Minister Gerald Darmanin ordered the eviction of a camp housing 400 migrants near a hospital in Calais, which was presented as a danger to the hospital’s patients and staff.

On that occasion the migrants were taken to temporary shelters but often they are left to wander the streets.

“When the police arrive, we have five minutes to get out of the tent before they destroy everything,” a Kurdish woman from Iraq told HRW.

The interior ministry did not respond to AFP’s request for comment on the report.

The government argues that the camps are havens for people smugglers, who command extortionate fees to help migrants cross to Britain, either in a small boat crossing the Channel in the dead of night or stowed away on a truck crossing by ferry or through the Channel Tunnel.

NGOs argue that the tactics do nothing more than make migrants already difficult lives even more miserable.

The report quoted the Calais-based Human Rights Observers group as saying that in some cases cleaning crews cut migrants’ tents while people are still inside, in order to force them out.

“If the aim is to discourage migrants from gathering in northern France, these policies are a manifest failure and result in serious harm,” Benedicte Jeannerod, France director at Human Rights Watch, said.

French authorities “need a new approach to help people, not repeatedly harass and abuse them,” she added.

A total of 15,400 people attempted to cross the Channel in the first eight months of this year, a increase of 50 percent over the figure for the whole of 2020, according to French coast guard statistics.

“Exiles aren’t travelling to northern France because they’ve heard they can camp in the woods or stay under a bridge…They come because that’s where the border is,” Charlotte Kwantes, national coordinator of the Utopia 56 charity was quoted in the report as saying.

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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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