A bill introduced by deputies in July has sparked significant debate in France. Often called the "kill permit" by its critics, the proposal suggests that when law enforcement officers use weapons, they will be presumed to have acted within the law. This would shift the burden of proof in cases involving police or gendarme use of force, requiring public prosecutors or victims to prove that the actions were illegal. Such a shift would be unprecedented in Europe, according to experts, as no European country currently places this responsibility on victims or prosecutors.
Sebastian Roché, a sociologist specializing in police and security issues, emphasized that European Union countries, along with the United Kingdom and Switzerland, do not currently allow law enforcement to be exempt from liability. Anja Bienert, head of the Police and Human Rights Program at Amnesty International, called the bill a clear violation of the right to life and said it is difficult to imagine any European state or jurisdiction under the European Court having such a law.
The bill, supported by the political group Les Républicains and police unions, states that when law enforcement uses weapons, they are presumed to have acted within the law. This presumption can be overturned if there is evidence to the contrary. The proposal has drawn strong opposition, with nearly 50,000 people participating in demonstrations against it. Critics argue that the bill creates a special legal status for police, similar to "police privilege," and compare it to systems in countries like Turkey, where special protections make it difficult to prosecute officers for using force against crowds.
The bill also raises concerns about the reversal of the burden of proof. Law professor Olivier Cahn noted that the proposal would require victims or their families to prove that law enforcement did not act legally, a reversal not seen in Europe. Roché added that this contradicts European principles of investigation, which emphasize prompt, thorough, independent, and transparent procedures. Additionally, France has fewer prosecutors per capita than the European average, according to a report by the European Court of Human Rights, which could impact the ability to conduct independent investigations.
Amnesty International calls for entirely independent bodies to investigate potential abuses by law enforcement, unlike France’s National Police Inspectorate (IGPN) or National Gendarmerie Inspectorate (IGGN), which are linked to the Ministry of the Interior. In contrast, Northern Ireland and England and Wales have independent institutions, such as the Police Ombudsman and the Independent Office for Police Conduct, which are not influenced by government departments.
French Bill on Police Use of Force Sparks Debate Over Legal Presumption and Burden of Proof
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