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Minister calls on local authorities to ban extreme-right marches in France

France’s Interior Minister Gérald Darmanin has called on préfets the length and breadth of the country to systematically ban extreme-right organisations from staging marches, after around 600 neo-nazis took to the streets in Paris on Monday.

Published: 9 May 2023 16:36 CEST

Minister calls on local authorities to ban extreme-right marches in France

The extreme-right march in Paris. (Photo by Emmanuel DUNAND / AFP)

Darminin made his comments in the National Assembly after Paris police said they were unable to ban a demonstration by nearly 600 people who took to the streets of the capital to mark the 29th anniversary of the death of far-right activist Sébastien Deyzieu, who died in 1994.

READ ALSO Paris police under fire over neo-Nazi rally

The demonstration ended with black-clad and masked participants chanting “Europe, youth, revolution”, a slogan of the violent Groupe union défense (GUD) far-right student group that was influential in the 1990s, according to reports.

The protest had been allowed to go ahead by city authorities, and police could be seen patrolling nearby.

Demonstrations were banned on Monday around the Champs-Élysées in Paris where Macron attended a May 8th ceremony at the Arc de Triomphe. Police in eastern Lyon also outlawed demonstrations near a war memorial where Macron paid tribute to French Resistance hero Jean Moulin on the same day.

And police have also moved on protesters banging pots and pans in towns the President has visited since the controversial pension reform law was passed.

Damning the marches as “unacceptable”, Darminin said: “In view of what we have seen in the streets of the capital (…) I have instructed the police chiefs and local authorities that any ultra-right or extreme right activist, or any association or collective which will file demonstrations, will be met with prohibition orders.

“We will let the courts judge whether … these demonstrations [can] be held.”

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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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