Many scenes of police violence have circulated on social networks during recent spontaneous rallies against the government’s project. However, the use of force is governed by several pieces of legislation.
Images of participants chased by the police and then beaten up, overwhelmed by tear gas or caught in a trap…he videos that show tensions between the police and demonstrators are multiplying on social networks, while the rallies against the pension reform are continuing in several large French cities and that a new day of mobilization is organized, Thursday, March 23, at the call of the inter-union. Demonstrators, elected officials, lawyers and magistrates denounced police violence and arbitrary arrests. They also point to a disproportionate use of force.
However, this use must comply with a specific framework, provided for law enforcement, which “have a duty to set an example”, hammered Prime Minister Elisabeth Borne on Tuesday at the Assembly. On the same day, the Minister of the Interior, Gérald Darmanin, made a point of recalling a cardinal notion: “the essential proportionality of the use of force”. He also mentioned “there need to immediately seize the inspections in the event of a breach of ethics”.
A use “if the circumstances make it absolutely necessary”
A reference text on the subject: it is the national plan for the maintenance of order, the latest version of which dates from December 2021. In this 40-page document (PDF)which details the doctrine, it is clearly mentioned that “the use of force by the internal security forces must be absolutely necessary, strictly proportionate and graduated, with appropriate means”. “In this regard, weapons of intermediate strength are necessary for law enforcement [et] each use of these weapons is traced”is it specified in the national law enforcement plan.
But this is not the only text that frames the practices of the police. Certain articles of the Internal Security Code (CSI), created in 2012, refer to it. Thus, article R211-13 stipulates that “the use of force by the representatives of the public force is only possible if the circumstances make it absolutely necessary”. And the text to add:
“The force deployed must be proportionate to the disturbance to be stopped and its use must end when it has ceased.”
Article R211-13of the Homeland Security Code
“It is the device intended to restore a peaceful situation, which guides us on the ground”, comments the National Police Information and Communication Service (Sicop).
An “indiscriminate” appeal is obviously prohibited
This legal framework allows the police to justify their interventions during demonstrations, whether declared or spontaneous, as is the case these days. Thus, according to article L211-9 of the Internal Security Code, “a crowd can be dissipated by the police after two summonses to disperse remained without effect”. Because anyone who continues “voluntarily to participate in a gathering after the warnings” commits an offence, punishable by one year’s imprisonment and a fine of 15,000 euros. This time, it is the Penal Code that says so. A dispersion is then authorized, “when the violence is generalized”underline Fanny Gallois, responsible for freedoms at Amnesty International.
But in some cases, the warnings are not a mandatory prerequisite. Indeed, article L211-9 of the Internal Security Code also mentions that “Representatives of the public force called in to dispel a crowd may use force if violence or assault is exercised against them or if they cannot otherwise defend the land they occupy”.
“There is always an exception to the rule.”
The National Police Information and Communication Serviceat franceinfo
It’s the case “when violence is committed against the police” or if “police cannot defend themselves otherwise”continues the Sicop, which cites this example: “If windows are broken or set on fire, we are not going to let the store burn down.”
Another example: “cobblestone throws” Or “Molotov cocktails” launched on police officers, for which the warnings are not essential. “It’s called the reaction framework: we react to attacks.” At that time, the police can use weapons: grenades, LBD, repeating rifle, truncheon or tonfa, etc. There is a whole arsenal mentioned in the law. “Obviously, the indiscriminate use of force is prohibited”insists Sicop.
A policeman “can attack or counter-attack” if he is threatened
But not everyone agrees on this notion. Some weapons, such as disencirclement hand grenades, do not allow a “discriminated use”denounces for example Amnesty International, which calls for their ban. “They explode releasing mini projectiles that explode in all directions. They do not allow you to target the person who is guilty of violence and are therefore inherently abusive”exposes Fanny Welsh. “Less-lethal weapons avoid the use of firearms. But they are not harmless, and if misused, or abused, they can seriously injure or even kill.” And to denounce the throws in bell of this type of grenade, which, ordinarily, must be sent at ground level.
“At the top of the rules, there is France’s commitment to implement the international treaties signed and validated by the Constitutional Council.analyzes Sébastian Roché, research director at the CNRS. But the moment a policeman thinks his life and/or his safety are threatened, all the rules for the use of weapons in law enforcement are lifted. He can attack and counter-attack.” This specialist in police and security issues denounces the use in recent days of grenades supposed to be used to disperse the crowd in traps, themselves deemed illegal by the Council of State.
“We try to intervene by paying attention to who is there, who is at the origin of the disturbances to public order. But if people pass in the middle, they can be jostled.”
The National Police Information and Communication Serviceat franceinfo
“When someone flees, there is no reason to catch up with them and hit them. Unless we tend towards a current practice in authoritarian countries, in order to dissuade demonstrations. But it is a technique intimidation that we should not see in France”, regrets Sebastian Roché. The author of the book The Unfinished Nation-Youth facing the school and the police (ed. Grasset) concludes: “This form of policing has profound effects of national disunity and poses problems of national cohesion, for adults, but especially for young people, because these experiences shape their beliefs.”