in demonstration, are the traps legal?

The encirclement of demonstrators by the police is a highly criticized practice. This is called a trap. Several traps have been implemented in the last demonstrations. So, are these traps illegal or allowed? According to a diagram from the Ministry of the Interior of December 2021, the encirclement of demonstrators is permitted under certain conditions. “This encirclement must, as soon as the circumstances of public order allow it, systematically provide a controlled exit point for these people”, says the document. However, are these conditions always respected? During a demonstration in Strasbourg (Bas-Rhin), an alley was blocked on March 20, 2023. On several videos, the two exits seem to be blocked.

“Policing must be proportionate”

For Stéphane Maugendre, criminal lawyer, this is not how the traps should work. “The trap must be made to channel people to an exit. Maintaining order must be proportionate. There, we block the street on both sides and throw tear gas. It’s completely forbidden”, explains the lawyer. Asked about this, the Minister of the Interior, Gérald Darmanin, assures us that there was indeed an exit on one side of the trap and that the demonstrators were able to come out two by two. On the spot, several people testified to having been blocked for at least thirty minutes and having difficulty breathing because of the tear gas. The LFI deputy for Strasbourg, Emmanuel Fernandes, made a report to the public prosecutor.