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Protests over security law as France reels from police violence

Dozens of rallies are planned on Saturday against a new French law that would restrict sharing images of police, only days after the country was shaken by footage showing officers beating and racially abusing a music producer.

Protests over security law as France reels from police violence
A protestor holds a sign reading "I will never stop filming" during a demonstration to protest against the proposed "overall security" bill, near the Assemblee Nationale in Paris, on November 17, 2020

The case shocked France with celebrities and politicians alike condemning the officers' actions, and has brought debate over President Emmanuel Macron's law to boiling point.

Macron on Friday called the incident an “unacceptable attack” and asked the government to come up with proposals to “fight against discrimination”.

One of the most controversial elements of the new law is Article 24, which would criminalise the publication of images of on-duty police officers with the intent of harming their “physical or psychological integrity”.

It was passed by the National Assembly last week — although it is awaiting Senate approval — provoking rallies and protests across France.

Rally organisers are calling for the article to be withdrawn, claiming that it contradicts “the fundamental public freedoms of our Republic”.

“This bill aims to undermine the freedom of the press, the freedom to inform and be informed, the freedom of expression,” one of Saturday's protest organisers said.

Trade unions are expected to join the demonstrations, with members of the yellow vests — whose sometimes violent protests in 2018 and 2019 shook the country — also expected.

In Paris, the authorities had demanded that organisers limit the rally to a single location, but on Friday evening officials authorised a march.

And in a sign that the government could be preparing to backtrack, Prime Minister Jean Castex announced on Friday that he would appoint a commission to redraft Article 24.

Under the article, offenders could be sentenced to up to a year in jail, and fined 45,000 euros ($53,000) for sharing images of police officers.   

The government says the provision is intended to protect officers from doxxing and online abuse, but critics say it is further evidence of the Macron administration's slide to the right.

But media unions say it could give police a green light to prevent journalists — and social media users — from documenting abuses.   

READ ALSO:  EXPLAINED: The new French law that restricts photos and videos of police officers

They point to the case of music producer Michel Zecler, whose racial abuse and beating at the hands of police was recorded by CCTV and later published online, provoking widespread criticism of the officers' actions.

In another instance, journalists on the ground at a French migrant camp witnessed and recorded police brutality on Monday as the Paris area was cleared.

In a letter seen by AFP, Paris police chief Didier Lallement wrote to officers ahead of Saturday's demonstration that “in the coming days, the coming weeks… there's no doubt you will face difficulty, doubt, even anger and fear”.

But he insisted that he could “count on the integrity, sense of honour and ethics” among the force.

Protestors hold signs reading “Censured evidence = life in danger” “Faces filmed, life saved” and “Who would have protected Michel without the video” during a demonstration to protest against the “global security” draft law, which article 24, seek to limit filming and photographing police officers on duty with the intent of harming their “physical or psychological integrity. November 27, 2020, Nantes, western France.

Protests over police brutality have already taken place elsewhere in country.

In the southern city of Toulouse demonstrators took to the streets on Friday evening brandishing placards with slogans like “police everywhere, justice nowhere”.

In western Nantes police said around 3,500 rallied, while organisers put the crowd at 6,000-7,000.

 

 

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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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