The demonstration of the police and civil guard against the “gag law” that took place on November 27 last year as it passed through the Congress of Deputies JUAN BARBOSA
The massive demonstration by police unions that swept through Madrid on November 27, 2021 to oppose the reform of the Citizen Security Law, known as the Gag Law, had no impact on the negotiations that have been going on for the past 10 months at the PSOE with their parliamentary partners to agree on the scope of the reform of this norm, approved by the PP in 2015. The agents then focused their criticism on seven amendments tabled by the Socialists and United We Can which they considered detrimental to their performance.
Of these, six already have an agreement between the parties involved in these negotiations – alongside the two government partners PNV, ERC, EH Bildu and Junts – to go against the police union criteria, sources familiar with the agreements said. And the seventh, banning the use of rubber bullets to suppress street riots, is still under discussion. The law reform will resume its parliamentary process the day after tomorrow with a presentation session already attended by the PP, Vox and Ciudadanos, the parties that promoted this demonstration of police officers.
Under the agreements already reached by the PSOE and its parliamentary partners, Article 16.2 will state that the police will be allowed a maximum of two hours to have one person on station to identify them, rather than the current six. Only in exceptional cases can the measure be extended to this final deadline, in which case the polluter must then “verifiably” explain what the cause was. The police believe that two hours is not enough.
The agreed text for this article will contain a second point rejected by the agents: the obligation for the police officers to return the citizen to the place from which they were taken to the police station, once identification is complete, if they are in a different location . Police unions denounce the addition as making them “taxi drivers”.
The agreement also changes the concept that the gag law previously granted to the agents’ presumption of truth (Articles 19 and 52) and their testimonies to have evidential value. The six parties have agreed to now include the requirement of “logic, coherence and appropriateness” in both the agents’ testimonies and the texts of their minutes and certificates to uphold this presumption. Police unions believe that these requirements can leave many complaints unfounded.
The parties also have a closed agreement to reform Article 23 and hold demonstrations without prior notice. The agreed text provides that such gatherings are not punishable as a result of social events that justify an “immediate” public demonstration by a section of society. The police are against it because they believe they cannot organize a security device without notice.
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The agents also criticize the fact that possession of narcotics for personal use (Article 36) is being changed from a serious offense to a minor offense (with the consequent reduction in fines) as it is an incentive for drug trafficking. The parties dispute this and have agreed to make this reduction. In addition, the pact also lowers the penalty for growing marijuana in visible locations, such as balconies. It is only punishable as a minor offense if the facilities are accessible to third parties.
The text also provides for leaving the taking and dissemination of images of the agents during their actions without sanction. This change is necessitated by the January 2021 judgment of the Constitutional Court, which concluded that part of Article 37(1) was unconstitutional. The reform proposal restricts distribution only when the images interfere with the agents’ right to privacy or security. However, police believe that despite this caveat, his privacy may be violated.
Where there is still no agreement on the use of riot control material and in particular rubber balls (Article 23). The PSOE is the only one that still defends the preservation of this material, albeit with a protocol that dictates “always using the least harmful means and avoiding those that cause irreparable injury”. Positioned opposite were ERC, Junts and EH Bildu defending their immediate ban; and the PNV, which favors the model put in place by the Basque Executive and limits its use by the Ertzaintza to very exceptional cases. But also Unidas Podemos, a Socialist government partner, who is proposing to set up a commission, chaired by the ombudsman, to study “the transition and replacement” of rubber balls with less harmful material. For their part, the police are opposed to cuts in their riot gear.
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