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Crime Manifests of police officers: are the agents participating in undeclared rallies on duty?

20:40  30 june  2020
20:40  30 june  2020 Source:   liberation.fr

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Rassemblement de policiers devant l'arche de La Défense, le 15 juin. © GEOFFROY VAN DER HASSELT Police rally in front of the arch of La Défense, June 15. A demonstrator confirms to "CheckNews" the presence of police officers on duty during the undeclared rallies in Paris. He ensures that they stay tuned to their radio.

Question asked by Francis on 06/28/2020

Hello,

For two weeks, hundreds of police officers have been meeting in several cities in France and in particular in Paris in front of symbolic places, like the Bataclan, the Arc de Triomphe , the Maison de la radio or the Place Vendôme, to express their dissatisfaction with the Minister of the Interior, Christophe Castaner, and his speech of June 8 on the fight against racism in the police and intervention techniques . In view of the uniforms and official vehicles filmed during these undeclared events, you want to know whether the police (or officers) who take part in them are on duty and do so during their working time.

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If some of the protesting officers are not on duty, the presence of police officers taking part in nightly regroupings during their working time was confirmed to CheckNews by one of these angry police officers, who clarified that they remain potentially mobilizable: "We are on duty, so we all have a radio with us and stay tuned. What is more, at each gathering there is a group of police officers who secure it all around and remain even more attentive to what is happening on the radio. ”

The demonstrator refutes any abandonment of the ground, if only because of the low attendance during these undeclared rallies: "it is difficult to say that, while we are gathering, we are abandoning the ground" since , after having been "relayed to the largest number of police officers in Paris and the inner suburbs", the demonstrations bring together between 200 and 300 people each evening. "In the end, it is very little." The same source also specifies that each arrondissement or department "always has a reserve that remains in its constituency to carry out current missions or those that would fall".

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Is the presence of these police officers on duty at these undeclared demonstrations permitted? No, since, by definition, these undeclared gatherings are illegal. The circular of September 20, 2016 relating to the fight against offenses committed during demonstrations and other collective movements indicates, however, that “mere participation in an unreported or prohibited demonstration is not punishable by [the] provisions which only target the organizers. " Article 431-9 of the Criminal Code indicates that organizing an illegal demonstration is punished with six months' imprisonment and a 7,500 euro fine. On the other hand, the refusal for any demonstrator to stop the illegal demonstration in the event of dispersal by the police is an offense.

Furthermore, the police are bound by a duty of reserve defined by article R434-29 of the code of ethics of the police and the national gendarmerie, which clearly indicates that the police officer "refrains, in the exercise of their functions, of any expression or manifestation of their religious, political or philosophical convictions ”. A case in point which therefore concerns the police on duty. If he breaks the rules, the policeman is exposed, according to article R434-27 of the same code, "to a disciplinary sanction in application of the rules specific to his status, regardless of the criminal sanctions incurred in the case if applicable ”.

Asked about the risk of sanctions for participants in these undeclared rallies, our contact believes that, in the current context, it is "almost impossible" for the police officers participating in these rallies to be sanctioned by their superiors because "the weight of the contestation of the base is too strong ”.

Best regards

mission at Cologne's Heumarkt: Two men attack operators in Podolski ice cream parlor .
© Alexander Roll Police officers and paramedics in front of the ice cream parlor at Heumarkt. Use at Cologne's Heumarkt: Two men attacked the operator of an ice cream parlor in his shop in the early evening. As the police said on request, the people went to the ice cream parlor with the intention of harming the operator. According to the police, the ice cream parlor operator is said to have defended himself with a wooden stick.

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