Question 8524 — public order

Summary

A corollary of freedom of expression, the right to demonstrate is a freedom guaranteed by the Constitution. The police contribute to the exercise of this right. The security services put in place by the police and gendarmerie are intended to ensure the security of property and people and therefore the free exercise of this right. In the event of excesses of any nature (violence, damage, etc.), the operations of maintenance and reestablishment of public order involve the use of different materials and means intended to preserve or reestablish public order, that is to say respect for republican law. In a rule of law, it is imperative that the use of coercion, sometimes necessary and if necessary by means of weapons, is graduated and proportionate and is exercised in compliance with the law. It is to meet these requirements that the police have legislation and a range of diverse techniques or means to restore public order, to protect the security of people and property, or to deal with the threats to which they are exposed. The level of exercise of coercion takes into account particular situations and results in the use of physical force, the use of weapons of intermediate force and, ultimately, the use of firearms. Intermediate weapons make it possible to deal with degraded situations for which physical coercion is often insufficient but which require an immediate response, particularly to confront armed or violent groups. In many situations, they avoid the use of lethal weapons and lower the level of risk, both for the physical integrity of the targeted people and for that of third parties or law enforcement. The internal security code exhaustively lists these weapons and defines the conditions under which they can be used. This is the case, for example, with tear gas means (diffuser, tear gas and smoke grenade, stun and tear gas grenade, etc.). The use of these means makes it possible in particular to avoid, during crowd movements, or when the police are attacked. by armed or violent groups, the risks inherent in direct physical contact with the troublemakers and to preserve their physical integrity by avoiding the use of other means presenting more risks. It allows the dispersal of crowds and avoids breaching or circumventing the security devices put in place by the police. It can also aim to neutralize a threatening or dangerous person. for herself or for others. The use of tear gas therefore falls within the legal framework for the use of force. As such, their use is only possible when the conditions required by law authorize it and meet in particular the criteria of necessity, proportionality and gradation. The use of certain tear gas means also meets specific, particularly strict additional rules (use only on order hierarchical; need to have individual authorization obtained after training and with continued training, etc.). The use of grenades of this type only occurs after a dispersal order and three warnings announcing the use of force, except in cases of violence or assault against the police. Whether residual exposure to tear gas may be experienced by protesters who leave the area where they are launched, those who deliberately remain there are guilty, at a minimum, of the offense provided for in article 431-4 of the penal code. Also, if the effect of a tear gas grenade can affect a group of demonstrators in an indiscriminate manner, what they have in common is that they wanted to register and remain illegal. Regarding the products themselves, commonly called “tear gas”, they do not are in fact neither gases nor incapacitating agents. Regarding their possible toxicity, among the police officers responsible for maintaining order, who are regularly exposed to tear gas, the preventive medicine of the Ministry of the Interior has not had to experience any significant increase which could suggest a direct link between on the one hand exposure to CS, a chemical synthesis product - ortho - chlorobenzylidene malononitrile of low toxicity, which constitutes the active molecule of tear gas, and on the other hand certain possible chronic or progressive pathologies (respiratory, ophthalmological pathologies, etc.). The symptoms usually found in humans are due to acute exposure. In fact, irritations are the most frequent and appear on the eye, the skin and the respiratory tract. Can be added digestive disorders and headaches. Acute exposure generally does not involve long-term effects: the irritant effect disappears quickly (15 to 30 min) after “decontamination” (with plenty of water and removal of the product) and any side effects generally disappear within a day. These products are also acquired by law enforcement taking into account the composition (excipients and solvent products) and the dosage of components. In this case, as in any other circumstance, the police intervene in compliance with the law, in particular the provisions of the penal code and the internal security code relating to the offense of assembly and the use of force to maintain order. Their actions are subject to the control of the judicial authority and various independent administrative authorities. If behaviors inappropriate are noted, they systematically give rise to administrative or even legal action. The police, who are frequently attacked and victims of violence in the context of excesses which occur on the sidelines of certain demonstrations and gatherings, always intervene with courage, professionalism, composure and discernment. In frequently difficult situations, faced with challenges multiple and complex, the police and gendarmes are keen to carry out their very difficult mission with respect for people and with the constant concern of guaranteeing republican public order.

Machine translation from French. The official text remains authoritative.

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