Arrested for protest: Weaponizing the law to crackdown on peaceful protesters in France documents how a blanket ban on protests following the COVID-19 -lockdown, was disproportionate and resulted in hundreds of unjustified fines. It also finds that long before the pandemic, first aiders, journalists and human rights observers were among those targeted under vague laws during nationwide protest movements that began in late 2018.
In recent years, France has seen a steep rise of nationwide protest movements, from the Yellow Vests (Gilets Jaunes) to the demonstrations calling for action against the climate emergency, social justice and those against police impunity and racism which occurred in the aftermath of the killing of George Floyd in the US. Between November 2018 and July 2019, 11,203 Yellow Vests protesters were placed in pre-charge detention. These protesters have been arrested and prosecuted for activities that should not constitute a criminal offence.
In 2018 and 2019, more than 40,000 people, including protesters, were convicted on the basis of vague laws. They include the criminalization of “contempt of public officials”, “participation in a group with a view to committing violent acts” and “organizing a protest without complying with notification requirements”. In 2019, 20,280 people were convicted of “contempt of public officials”, including protesters. This vaguely defined offence covers anything deemed to “affect the personal dignity or the respect owed to a public official” and is punishable with up to a year in jail and a fine of up to €15,000.
In response to the sharp rise in the use of tear gas, rubber bullets and teargas grenades by police, protesters have increasingly resorted to wearing face masks, helmets and protective goggles. In April 2019, a blanket ban on face coverings at protests was introduced, punishable with fines of up to €15,000 and a prison sentence of up to one year. Between April and October 2019, 210 people were detained in pre-charge detention under this ban. In 2019, 41 protesters were convicted for this offence. The law that prohibits the wearing of face coverings in public assemblies should be urgently reviewed, given that face coverings are now a necessary measure to counter COVID-19.
Hundreds of people, including protesters, have been convicted for “participating in a group with a view to preparing acts of violence”. This catch-all offence allows authorities to arrest and prosecute people, not for what they have done, but what the authorities believe they might do in the future. Protesters have been arrested and prosecuted simply for carrying goggles or masks to protect themselves from tear gas and rubber bullets.
Arrest and prosecutions have had a chilling effect on the right to freedom of peaceful assembly in France. Many of those interviewed by Amnesty International said that they now thought twice before protesting, took part less regularly in protests or avoided large public assemblies.
Source: Amnesty International
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