“Nothing seems to justify what happened in terms of arrests or charges.
"In its study published on Monday, Amnesty International France bluntly denounces" arbitrary detentions "during the Paris demonstration on December 12 against the Global Security Act.
For the NGO, nothing justified either "vague" offenses, or "charges" without warning, or "infringement of rights".
Among the 142 people arrested that Saturday, "nearly 80% were ultimately not prosecuted", points out the NGO in the preamble of its report.
124 had however been placed in police custody.
Such an assessment raises "legitimate concerns about the risks that there have been arbitrary arrests and other human rights violations," said Amnesty, a member of the coordination of associations and unions mobilized against the Global Security law.
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This proportion is comparable to that of the yellow vests period: from the end of 2018 to the end of 2019, only 27% of people placed in police custody had been prosecuted.
"Nothing seems to justify" charges and arrests
The discrepancy between the number of arrests and the actual prosecutions is regularly the subject of criticism from defenders of civil liberties and police officers, but for opposite reasons.
"The judicialization of demonstrations is not new", concedes Anne-Sophie Simpere, in charge of advocacy "Freedoms" at Amnesty International France and author of the report.
On December 12, “there was no notable violence from the demonstrators, degradation.
Nothing seems to justify what happened in terms of arrests or charges, ”she underlines.
Interviews, medical certificates, legal documents: Amnesty looked into the case of 35 people arrested without prosecution, "including 33 in police custody and two deprivation of liberty of nearly five hours".
"The police charged without cause"
The demonstration had started that day from Châtelet to join the Place de la République, and had been framed on the sides and in the front by numerous police and gendarmes, forming a sort of "mobile net" from which it was not possible to leave, had noted AFP journalists.
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From testimonies and videos, Amnesty stresses that the arrests took place on the occasion of “charges” which were not preceded by “audible summons” and without “significant disturbances” in the procession.
"At each intersection, the police charged without reason or warning on non-violent demonstrators," testifies Alexis Baudelin, lawyer, arrested without being placed in police custody.
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Throughout the course, the police had indeed multiplied the "offensive leaps" to challenge and, according to the police headquarters, "prevent the constitution of a group of violent black blocs", after two weekends consecutive violence in Paris.
The report also points to “detentions on the basis of vague laws”, in particular that punishing “participation in a group with a view to preparing violence”, accused in 25 of the cases studied.
However, in the Amnesty study, only two people out of 35 were arrested in possession of objects (diving goggles, gloves and motorcycle helmet) that could justify a suspicion of participation in a violent group.
"Tote offense" and "sentence without judgment"
“It is a catch-all offense, which in law is called an obstacle-offense.
We sanction a fact before it happens, ”explains Anne-Sophie Simpere.
This provision "lacks precision" and "contributes to the authorities using it in a way that unduly infringes human rights", writes Amnesty.
“They told me he was part of a malicious gang.
It was incomprehensible […] My son is an activist but he is by no means a violent person, ”recounts Lara Bellini, whose 16-year-old son spent 20 hours in police custody. be released without prosecution.
Finally, at least five cases studied by the NGO have seen their recall to the law accompanied by a ban on appearing in Paris for a period of up to six months, a measure made possible since a law of March 2019. This restriction on the right of movement, "a sentence without trial", poses "all the more problems [...] as the persons concerned cannot appeal", denounces Amnesty, calling on Parliament to repeal this provision of the Code of Criminal Procedure .