Date Published: 24/11/2021
ARCHIVED - Controversial gag law protects protesters in Spain
Many law enforcement agencies in Spain are against the softer treatment of demonstrators
Six years after its overwhelming approval, the controversial reform of the Citizen Security Law, or gag law as it is commonly known, is nearing its completion. While the majority of political parties in Spain support the relaxation of measures, which includes reducing the time a demonstrator can be held in custody and allowing spontaneous, peaceful protests to go unpunished, many police officers have criticised the decision.
The Constitutional Court has now agreed on the majority of the measures that have been designed to better protect the rights of demonstrators and reduce the excessive force often used by officials to quell them.
Key points of the gag law reform (Ley Mordaza)
- One of the most sensitive issues surrounds people who are arrested at demonstrations and refuse to identify themselves. Previously, protestors could be held for questioning for up to six hours. Under the new rules, they can only be kept for two hours, but in exceptional circumstances, this can be extended.
- Personal body searches will now be extremely limited, preventing protesters from being stripped or denigrated by the police.
- From now on, spontaneous and peaceful demonstrations will not constitute infractions.
- One important change is the application of anti-riot equipment by the police, arising from the fact that several people have lost eyes due to the shooting of rubber balls in recent years. "The competent authorities must develop specific protocols, in accordance with international standards, on the use of force and the use of anti-riot equipment, in order to always use the least harmful means for people and avoiding those that cause irreparable injuries", the new text specifies.
- Perhaps the most controversial measure is that taking pictures or recordings of the police force during public demonstrations and their discrimination on social media will no longer constitute a serious offence. The only exception is “when it generates a certain danger to their personal or family safety”.
- Police reports will also lose the assumption of absolute accuracy if they “are not coherent, logical and reasonable”.
- Lastly, the amount of fines charged to demonstrators will take into account the economic capacity of the protester, and there will be a reduction of 50% for those who earn less than 1.5 times the minimum wage.
Para los señores agentes de la ley que protestan contra la reforma de la ley mordaza. pic.twitter.com/fbomqSt3bK
— Bulldog Punk (@bulldog_punk) November 24, 2021
Image: PP Extremadura
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