Demonstration by Amnesty International against the “gag law” on February 13 last year in Madrid Jesús Hellín (Europa Press)
On February 1, the investiture bloc parties took the first parliamentary step to reform the law protecting citizens, known as the Gag Law, which was passed by the PP government in 2015 of the Congress – is by no means swift. Despite the fact that President Pedro Sánchez assured in the control session in Congress this Wednesday that all aspects had already been “corrected”, the name gag served him, the differences between the six parties in favor of changing the rule “PSOE”. , Unidas Podemos, PNV, ERC, EH Bildu and Junts― remain entrenched. A working document managed by these factions, to which EL PAÍS had access, details the agreements reached so far, through more than 70 partial amendments, to reform 36 of the 54 articles and a dozen additional provisions of the law in force, but also the difficulties, the discrepancies in four others to overcome. Those are the highlights.
More information
From “quiet” to “coexistence”. The agreed changes start in Article 1 in an attempt to bring “a clearly progressive approach” to the text of the law. The parties claim that “maintaining the security of citizens” is “understood as the fullest enjoyment of fundamental rights and public liberties”. Therefore, in this article, the term “Citizens’ Tranquility” that appeared in the text approved by Mariano Rajoy’s government has been replaced by the term “Citizens’ Coexistence”.
Six to two hours to identify. Article 16 now allows security forces to take a person to police stations and hold them there for a maximum of six hours for identification. The new text states that taking a citizen to the police station to be registered is an exception and also reduces the maximum time to complete this check to two hours, although it opens the door for duly asserted and identifiable exceptional reasons leaves open for up to six hours.
“Coherent” presumption of police veracity. The agreements also modify the almost absolute probative value that the Gag Act now assigns to the agents’ statements (Articles 19 and 52). The reform proposes to specify that the presumption of veracity of the agents’ verbal statements, minutes and certificates satisfies the requirements of “logic, coherence and reasonableness”.
spontaneous demonstrations. The reform provides that exercising the right of assembly without prior notice “in events requiring immediate public demonstration or expression” will not be a criminal offence. Previously this was considered a minor breach in Article 37.
What affects most is what happens closer. Subscribe so you don’t miss anything.
subscribe to
“Acoustic” warning from the police. Article 23.3 will include measures to minimize the risk of street protests ending in clashes. These include some deterrents, such as requiring police to tell protesters “in a clearly audible verbal manner” in advance that they will be using riot gear to disperse them.
Limitation of sanctions to organizers. The agreement proposes to add a point in Article 30 to absolve the organizers of a demonstration from any responsibility for the incidents that occurred as long as they have taken the security measures they announced or, where appropriate, the appropriate security measures that state authority would have compelled them to do.
Agree on the sanction. “The notion of reconciliation prior to the imposition of a sanction” is introduced into the law. This means that the suspension or reduction of the same can be agreed if there is a settlement between the offender and the offended persons or if he carries out a “remedial action”. This measure is reinforced when the sanctioned person is a minor.
surrounded by Congress. Demonstrations in front of the House of Representatives, Senate or Autonomous Legislative Assemblies that cause “serious disruption to the security of citizens” are no longer considered a felony. At the time, the PP specifically mentioned these protests in the law to stop the mobilizations dubbed the “Surround Congress” that were taking place as a result of the economic crisis.
Warning of street prostitution. The text the investiture block wants to push through includes removing the legal warning and possible sanction for disobedience to sex workers practicing on public streets. What remains is the penalty for customers requesting these services near areas designated for use by minors, as already set out in Article 36.11.
possession and cultivation of cannabis. The agreement provides for a reduction in possession of cannabis and other substances from serious to minor (with the consequent reduction in fines). The penalties for growing cannabis plants are also reduced, which incidentally is no longer a violation simply because they are visible to the public (e.g. on balconies or terraces), but only if they ” accessible” are to the public”.
Note the police action. Taking and disseminating images of the agents during their performances is carried out without penalty. This change is required by the judgment of the Constitutional Court in January 2021, which concluded that this part of Article 37(1) was unconstitutional. The reform proposal restricts distribution only if the images affect the agents’ right to privacy or security.
Nudism, more sheltered. The applicable law considers “performing obscene displays” a minor offense (Article 37.5). The six-party agreement provides for the elimination of this point so that “the practice of nudism is better protected”.
squat and upper ceiling. Point 7, which previously sanctioned “the occupancy of third-party land, dwellings or buildings, or their permanence in both cases against the will of their owner, lessee or holder of any other right over it,” was also deleted from the same article, as well as the occupancy the public thoroughfare for street vending known as Top Blanket.
amount of fines. The reform aims to reduce penalties by 50% if the offender earns less than 1.5 times the Minimum Interprofessional Salary (SMI, currently set at 14 payments of €1,000). Previously, this reduction was only made if the sanctioned party paid voluntarily. The reduction is 25% if the offender receives between 1.5 and 2.5 times the SMI. In addition, the maximum amounts for minor and serious offenses are reduced, ranging from 600 to 500 euros in the first case and from 30,000 to 25,000 euros in the second.
Police training in mediation. An additional provision will force the inclusion of modules “on mediation and use of appropriate methods as an alternative way of conflict resolution” in the security forces’ training curriculum, so that breaking up demonstrations with police charges is a last resort.
And four deviations. The six parties have not agreed to reform three articles and one additional provision. In particular, those relating to the use of riot control agents, and in particular rubber balls, by the security forces (Article 23); the one who sets the sanctions for disregard of agents (Article 37.4); the one sanctioning “disobedience or opposition to the authority or its agents” (Article 36.6), and the additional provision guaranteeing the refoulement, known as hot return, of migrants at the land borders of Ceuta and Melilla. PSOE, Unidas Podemos and PNV have presented amendments to the first three, but they have not convinced the other three formations, which they continue to consider insufficient. On hot returnees, the Socialists propose addressing them in a future reform of the immigration law, although they concede that at this point in the legislature there is virtually no time for it.
Subscribe to continue reading
Read without limits