The state of emergency is established right after the terrorist attacks of November 2015, 13th.
It leads to : - 710 house arrests - 4 500 administrative searches without a judicial autorisation - Dozens of forbidden demonstrations.
According to a report made by Amnesty international
only 0,3 % of the measures linked to the state of emergency have led to a judicial inquiry for facts of terrorism.
The state of emergency has mainly affected people of muslim faith and activists.
Supposed to be an exceptional measure and limited to one renewal, it has been extended six times.
On the 1st of November 2017 the state of emergency is abrogated and replaced by an anti-terrorism law
that integrates in the ordinary law measures strongly inspired by the state of emergency.
This series of portraits gives the floor to people
that have faced the measures linked to the state of emergency.
"With tear gas" Emergency portrait 1/5
Place de la République, Paris, April 2016, 3rd
It is a political point of view to say:
"Demonstrating is forbidden but we are still going".
It's not... when the police says that we have to go that we obey.
Following the institution of the state of emergency, many public meetings and demonstrations are forbidden.
That's the case for the meeting on the day before the opening
of the COP21 (Climate Conference), place de la République in Paris.
We did not want to leave when the policemen were asking us to.
And told us with teargas, etc...
"There was quite a festival atmosphere, there were clowns, music, some political slogans.
There were a few thousands of us I think." Alice, 24 years old.
We were walking around, there really was a nice atmosphere.
Some political corteges which started to organize,
but it was very tranquil.
We were showing that the COP21 was a subject we were interested in,
and that we didn't want a political speech monopole on it.
It was only by talking with the people that we realized that the place was all blocked.
"There were maybe around fifty people implicated in the violence in the square,
for I think twenty times as many, well twenty times as many being the minimum, CRS."
Matthieu, 24 years old.
In the end, suddenly, there were some scuffles between…
I don't know… I never know how to qualify these people
because I don't think that they even want to be qualified.
It is people who have political means of expression which can lead to violence
and altercations between the police and themselves.
So there were tear gases which were quickly launched.
In one hour, the cops, the police, had blocked us inside the place,
were stopping us from leaving.
The metro entrances were closed.
They organized several groups.
We were blocked by the police during several hours.
And suddenly, they tightened us up.
In a way that was quite suffocating.
Because it's oppressive, even if you are outdoors.
Some fell.
There were old people who were more or less dragged on the ground.
There were people whose clothes were literally ripped off.
And I think that there were around thirty or forty people,
in about 15 minutes,
who were pulled from the crowd, one by one, and put in the first police vans.
No way to know what was going on, no contact with the police on anything.
And then, some police vans arrived.
And then they asked for volunteers to get on the buses.
As we were all absolutely sick of being there,
and we thought we were the subject of a huge police prank,
and we had been told that it was just for an identity check at the police station,
well there were several of us asking to leave.
So we got on voluntarily.
It was quite weird this scene with people volunteering
to get on the police vans, you know…
With the policemen saying to us: "Not all at once, not all at the same time".
But all along, from start to finish,
from the place de la République to the end of the police station,
the cops understood nothing.
They were overwhelmed,
they didn't need that, they didn't want that.
When we arrived at the police station of Bobigny,
they were expecting violent, angry people.
And they ended up with people singing summer camp songs...
And most of all, what we didn't understand was:
why the first guys had had their identity check.
And we were placed in detention.
And at some point, I went to pee in the police station,
and the door was open because you're not allowed to pee with the door closed,
and I heard the cops saying:
"It comes from the top, prefect's order".
Well, Ministry's orders you see. And well, it came from above, from...
I think it was a response
to the destruction of the memorial.
So they had to announce the taking into custody of hundreds of people.
317 to be precise, as a strong political response
to the destruction of the Republic memorial,
which is obviously false.
There were maybe some who threw candles,
but for most of the memorial,
and this has been proven with many videos,
it was the police themselves who walked all over it
without paying attention to anything.
"I'm in custody?"
"Of course, what were you expecting?"
"Well, actually, if I'm not told I am, I'm not supposed to know."
And something else we learnt afterwards,
through testimonies and meetings
with others who had experienced the same,
was the completely arbitrariness…
Or rather, the difference in treatment and so the completely arbitrary way
in which different police stations treated different people.
Some were strip searched, others weren't.
Some had their DNA taken, you know, with a swab in the mouth, but others didn't.
These are things which exist on paper but…
in fact the police apply them arbitrarily according to the political objectives they are assigned.
"The prosecutor has three years to prosecute us."
"It's not him who will decide by himself to drop the cases of [...] the 307."
"It's purely a question of politics."
I don't think people realize anymore.
The Goodyear guys who are going to spend two months in jail,
you'd think: "It's ok, it's just two months".
But actually, for me, 24 hours I couldn't take it anymore,
I couldn't imagine two whole months in those conditions.
So I think that these kind of things actually need humanizing.
I would say that the state of emergency, it is...
the suspension of the most important legal principles.
What the police services can do
during a state of emergency
and during normal time does not change.
They are not given more powers.
It is just that the order doesn't come from a judge anymore,
but comes from the prefect.
The law of 1955 on the state of emergency transfers the powers owned by the judiciary judge,
known as independant, to public authorities, which are political in essence.
Contrary to the judiciary judge, the administrative judge only controls the decision of the political power afterwards
which leaves to the political power a very large liberty of action.
And all this, you could think that it's not that important
and it's just the quibbling of lawyers and human rights defenders,
but it changes everything.
Because when it is the administration, and thus a political power,
which holds the reins of repression,
completely,
and that is, to the point of intruding into a person's house,
in the middle of the night,
to wake them up and turn the place upside down
to look for evidence of who knows what.
The fact that this is the prefect requesting this,
or the fact that it is an independent judge,
who has to state the reasons for his or her decision,
well, honestly, that changes everything.
And this is what makes the difference between a democratic regime that protects liberties
and a… I wouldn't say totalitarian,
but a more authoritarian regime
that is far more free to act
and to target those who it defines during any given time as enemies.
The state of emergency
is a political response,
the goal of which has absolutely nothing to do with protecting us from terrorist attacks,
because, first of all, it doesn't work.
All anti-terrorism specialists say it's useless.
Searches where you go knocking on people's doors...
well at that point why not open our doors to the police,
hand over our phones and say: "Well, go ahead, and ransack".
Generalized surveillance doesn't work.
And they know it.
And so we are in a situation
in which our rights are being eroded little by little.
And I think that there is nothing worse.
That political demands
are not heard, not listened to,
it's already very unpleasant.
But you could say that this is the democratic game.
But when you start painting them as indecent
and rendering them completely inaudible and intolerable,
in the media and the political sphere,
then you get to a point that is really dangerous,
because it leaves no other option
but to go down the path drawn out for us,
even if it is not one we chose.
And this is what makes all the more sad:
that I wasn't wrong.
And it hurts to realise that actually you weren't wrong
and that it's not some fantasy... We haven't imagined some political situation
and we didn't exaggerate it.
No.
And it is possibly even worse than what I thought.
Out of 317 detentions, more than 200 cases were registered to the Parisian Department of Public Prosecution.
Later on, Matthieu discovered that his case gave rise to a notification of the law
at the end of his police custody, suggesting that he committed an infringement.
In October 2017, the public prosecutor's department of Paris still refuses to share his case,
making it difficult for him to get his demand for data and fingerprints erasure.
Alice's case has not been yet recovered.
However, she has been confirmed by the Ministry of Interior that they are keeping her fingerprints.
This film is part of a series of five "Emergency portraits".
"About the end of the rule of law, you know that the Council… of the state of emergency sorry."
Gérard Collomb, Minister of the Interior, September 2017, 12th
This work is licensed under a Creative Commons
Attribution - NonCommercial - NoDerivatives 4.0 International License
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