For several days, images of arrests of demonstrators have reached us on social networks. The Court of Cassation has however reminded in June 2022 that no legal text criminalizes the mere fact of being present at an undeclared demonstration.
Contrary to what has suggests Interior Minister Gérald Darmanin to BFMTV journalists, taking part in an undeclared demonstration is not illegal. The same applies to participation in an expressly prohibited event: this then constitutes an offence.
Only the commission of an offense justifies an arrest during an undeclared demonstration
The freedom to demonstrate is not in the Constitution. Nevertheless, the Constitutional Council recognized its constitutional value, within a certain limit. A freedom must always be reconciled with other duties.
If, for example, a demonstrator attacks the safety of the property and people around him during a rally, he cannot invoke his absolute freedom to demonstrate to defend himself from the offenses that could be to reproach. The commission of an offense always justifies an arrest during a demonstration, whether declared or not.
Participating is not organizing
The internal security code imposes the rule of prior declaration for all demonstrations organized on the public highway. However, in the case of an event that is incorrectly declared or not declared at all, the organizer is the only person liable to incur legal proceedings.
Attending an undeclared demonstration does not constitute an offense or a fine and the police cannot even issue a fine of €135 for this reason. How is it then that the arrests have followed one another since last Thursday?
“No unjustified arrests” according to the Paris police chief
On the set of BFMTV, the prefect of police of Paris Laurent Nunez ensures, this Tuesday, March 21, that there have been no unjustified arrests. All those escorted to the police station were reportedly suspected of having committed acts of violence.
Laurent Nuñez (@NunezLaurent), prefect of police of Paris: “There are no unjustified arrests” pic.twitter.com/pvG2XZnhyM
— BFMTV (@BFMTV) March 21, 2023
Words that contrast with the images reported by Cemil Sanli on his Twitter account. The journalist covered the March 19 protests in the streets of Paris. He filmed several disoriented residents, including this woman, confused, not seeming to understand why she was arrested by the police. She denies being a protester and claims that she was just going through it.
???? “I’m not arrested, finally! I’m not arrested… I haven’t done anything…” said this woman, her voice trembling, in shock.
The scene is surreal, violent.
The arrests are arbitrary.#Direct #chatelet #MotionDeCensureTransPartisane #ReformesDesRetraites pic.twitter.com/5gaDRrw0Xh— Cemil Sanli (@Cemil) March 19, 2023
Always according BFMTV, “of the 292 arrests made in Paris on the evening of March 16, at Place de la Concorde, only nine people were brought to justice”.