Barcelona EU-Summit. Legal information and useful telephone numbers (Eng/Fr)
info | 12.03.2002 18:57
English:
LEGAL INFORMATION:
1. INFORMATION ABOUT BORDERS AND ENTRANCE INTO THE SPANISH STATE:
The general principle is that foreigners from the European Union have the right of free circulation, residence and work in whatever country of the European Union, but they have to show their ID or passport which shows their nationality while crossing the border. For reasons of public order, public security or public health they can prohibit the entrance of a person into the Spanish state. In theory, the penal history of a person doesn't give sufficient motive to prohibit the entrance, but this theoretically. In practice, public order is an indetermined juridical concept which can be aplicated arbitrarily. If your entrance is negated you have the right to appeal against this measure at the Tribune in Strasbourg. The days before the summit, a support group against repression will be formed at the border. The contact telephone is: 626938531
2. BEFORE GOING TO A DEMONSTRATION:
Inform yourself about the route.
Empty your pockets. Take along a handy telephone number and address and your ID card or passport.
It is advisable to wear discrete clothes and shoes that allow you to run.
3. AT A DEMONSTRATION:
Functioning of the police:
Teargases aren't usually used but they might be.
The police have guns but no dogs.
The way they disperse demonstrations is to use rubber bullets and with direct charges using sticks.
Massive arrests aren't usual. They usually arrest lost activists or small groups once the demonstration has dispersed itself. Therefore it is important not to leave alone nor to stay where the demonstration took place.
They can close in on you in a street with few exits. It is important not to stay at the same place for a long time.
There is quite a lot of secret police. They also arrest, so be careful with people that you don't know.
Advises for a demonstration (there are a lot of different kinds of demonstrations, here we are refering to the ones that could produce police charges):
In tense situations it is important to avoid general dispersals. We are stronger together than dispersed.
If you want to leave the demonstration don't do so on your own. Leave in a group with precautions and calmness.
Go as far away as possible and don't return to the place of the demonstration until hours after it has finished.
Remove everything that could prove that you have participated in the demonstration. It is important to go to the demonstration in a group. Agree on a meeting-point with the group (far away of the manifestation) to meet after the demonstration and check that nobody is missing. If somebody is missing or you have seen an arrest call the legal support telephone of the demonstration. Avoid overreacting and take care that the information that you give is correct.
4. IN CASE OF AN IDENTIFICATION:
Only police corps can demand documentation. The private security guards (e.g. like the ones in the metro) can hold you back until a police officer comes. If they request your documentation you have to show it. It is important to have ID or a passport with you at all times because if they stop you to identify you and you don't have it, they can take you to the police station to verify your data.
5. IN CASE OF ARRESTS:
If they arrest you:
The maximum time that an arrest can take is 72 hours.
Once you are arrested, at the police station, they will give you a paper that tells you your rights: You have the right to communicate your arrest to one person. You give them the phone number and they call. You have the right to a lawyer. You can choose one of your confidence (you just have to give them the name and surname and they look for them) or they give you a legal aid lawyer. The intention is to have a co-ordination with the legal aid lawyers these days. You have the right to a medical exam. It is important to insist on this if you have a wound or injury as it will allow you to denounce this afterwards. Once you are free it is good to go to another doctor to have another viewpoint which will give the denouncement more validity. You have the right not to undress yourself, as this is only obligatory when you get arrested for drugs. If you are a foreigner you have the right to a translator and that they inform your consulate. Never declare at a police station, only do so in front of a judge. There you will be given time to speak a bit with your lawyer, to know how things are and to calm yourself. The police might also pressure you and manipulate your declaration.
Don't touch anything that they show you at the police station. They can use it later as a proof against you.
There exists a legislation of exception: the antiterrorist-legislation, which can only be applied with the order of a judge of the 'Audiencia Nacional'. This allows an arrest up to 5 days without the right to a phone call and to choose a lawyer. It has been widely criticised as a cover-up of maltreatments. We don't think that they will make use of it.
If there are arrests:
Get information on how many arrests have taken place and who the arrested people are (names and surnames) and call the legal support phone or the official meeting-points. It is important to organise protests against the arrests. It is important that if there are people from other countries still arrested after the summit has finished that a few people from every country stay to help with the legal work.
6. ARRESTS OF FOREIGNERS FROM THE EUROPEAN UNION:
If you are a foreigner and they arrest you, your rights are the same as the ones we explained before. But a judicial proces of inernation or expulsion can also be initiated.
Internation: Can take up to 40 days, until the question of what to do with the internated person is resolved. A judge has to authorize this.
Expulsion: The police hands in the proposal and the delegation of the government in Barcelona decides.
7. EXISTING OFFENCES ARE:
Except for the 'normal ones' of assault, public disorder, disobedience, damage and injuries.
The offence of taking part at an illegal demonstration or an illicit association.
The offence of squatting public buildings.
8. SOME NEW INFORMATION:
They want to do fast trials within 24 hours after the arrest. They can only do so if you accept the petition of the state prosecutor, or if you declare yourself guilty. A fast trial makes it more difficult to defend yourself because you don't have the time to prepare your defence. It is recomendable not to accept the petition of the state prosecutor and to avoid fast trials.
After the arrest, the usual process is that after you declare in front of a judge they let you out with charges, awaiting the trial. Because of the summit they want to let people out only on bail, which means that if you don't pay you will not be let out. It is necessary to mobilize people to protest against this to get the prisoners out without paying the bail.
· In some summits there have been problems with the mobile phones. It's possible that the same will happen to us here.
TELEPHONE LEGAL SUPPORT GROUP: 93 4434392 (Spanish)
For foreigners: 696047917 (English)
THE AVAILABLE LAWYERS IN THESE DAYS ARE:
FIDEL SANCHEZ BOLANCE
JAUME ASSENS LLODRA
JORDI BUSQUETS PLAZA
ROBERT SABATA GRIPEKOVEN
MONTSE SALVADOR CORTES
If you are arrested and you want one of these lawyers you have to give his/her full name at the police station.
HEALTH INFORMATION
PREVENTION:
Don't go in bad physical and mental conditions.
Bring with you all that you might need for personal health reasons.
IN CASE YOU ARE INJURED:
Don't try to cure yourself on the street, go to the closest medical service.
Where they attend you, ask for the juridical report (at the hospitals they send them directly to the judge). It is important that you have a copy.
At the following phonenumber you can contact the health group in case you need information about an injured person: 605137349
IN CASE OF ARREST:
If necessary ask to see a doctor. You have the right to be assisted.
Ask for the medical report once you have been assisted.
When leaving the police station go to another doctor to be revised again and get another report.
LEGAL INFORMATION:
1. INFORMATION ABOUT BORDERS AND ENTRANCE INTO THE SPANISH STATE:
The general principle is that foreigners from the European Union have the right of free circulation, residence and work in whatever country of the European Union, but they have to show their ID or passport which shows their nationality while crossing the border. For reasons of public order, public security or public health they can prohibit the entrance of a person into the Spanish state. In theory, the penal history of a person doesn't give sufficient motive to prohibit the entrance, but this theoretically. In practice, public order is an indetermined juridical concept which can be aplicated arbitrarily. If your entrance is negated you have the right to appeal against this measure at the Tribune in Strasbourg. The days before the summit, a support group against repression will be formed at the border. The contact telephone is: 626938531
2. BEFORE GOING TO A DEMONSTRATION:
Inform yourself about the route.
Empty your pockets. Take along a handy telephone number and address and your ID card or passport.
It is advisable to wear discrete clothes and shoes that allow you to run.
3. AT A DEMONSTRATION:
Functioning of the police:
Teargases aren't usually used but they might be.
The police have guns but no dogs.
The way they disperse demonstrations is to use rubber bullets and with direct charges using sticks.
Massive arrests aren't usual. They usually arrest lost activists or small groups once the demonstration has dispersed itself. Therefore it is important not to leave alone nor to stay where the demonstration took place.
They can close in on you in a street with few exits. It is important not to stay at the same place for a long time.
There is quite a lot of secret police. They also arrest, so be careful with people that you don't know.
Advises for a demonstration (there are a lot of different kinds of demonstrations, here we are refering to the ones that could produce police charges):
In tense situations it is important to avoid general dispersals. We are stronger together than dispersed.
If you want to leave the demonstration don't do so on your own. Leave in a group with precautions and calmness.
Go as far away as possible and don't return to the place of the demonstration until hours after it has finished.
Remove everything that could prove that you have participated in the demonstration. It is important to go to the demonstration in a group. Agree on a meeting-point with the group (far away of the manifestation) to meet after the demonstration and check that nobody is missing. If somebody is missing or you have seen an arrest call the legal support telephone of the demonstration. Avoid overreacting and take care that the information that you give is correct.
4. IN CASE OF AN IDENTIFICATION:
Only police corps can demand documentation. The private security guards (e.g. like the ones in the metro) can hold you back until a police officer comes. If they request your documentation you have to show it. It is important to have ID or a passport with you at all times because if they stop you to identify you and you don't have it, they can take you to the police station to verify your data.
5. IN CASE OF ARRESTS:
If they arrest you:
The maximum time that an arrest can take is 72 hours.
Once you are arrested, at the police station, they will give you a paper that tells you your rights: You have the right to communicate your arrest to one person. You give them the phone number and they call. You have the right to a lawyer. You can choose one of your confidence (you just have to give them the name and surname and they look for them) or they give you a legal aid lawyer. The intention is to have a co-ordination with the legal aid lawyers these days. You have the right to a medical exam. It is important to insist on this if you have a wound or injury as it will allow you to denounce this afterwards. Once you are free it is good to go to another doctor to have another viewpoint which will give the denouncement more validity. You have the right not to undress yourself, as this is only obligatory when you get arrested for drugs. If you are a foreigner you have the right to a translator and that they inform your consulate. Never declare at a police station, only do so in front of a judge. There you will be given time to speak a bit with your lawyer, to know how things are and to calm yourself. The police might also pressure you and manipulate your declaration.
Don't touch anything that they show you at the police station. They can use it later as a proof against you.
There exists a legislation of exception: the antiterrorist-legislation, which can only be applied with the order of a judge of the 'Audiencia Nacional'. This allows an arrest up to 5 days without the right to a phone call and to choose a lawyer. It has been widely criticised as a cover-up of maltreatments. We don't think that they will make use of it.
If there are arrests:
Get information on how many arrests have taken place and who the arrested people are (names and surnames) and call the legal support phone or the official meeting-points. It is important to organise protests against the arrests. It is important that if there are people from other countries still arrested after the summit has finished that a few people from every country stay to help with the legal work.
6. ARRESTS OF FOREIGNERS FROM THE EUROPEAN UNION:
If you are a foreigner and they arrest you, your rights are the same as the ones we explained before. But a judicial proces of inernation or expulsion can also be initiated.
Internation: Can take up to 40 days, until the question of what to do with the internated person is resolved. A judge has to authorize this.
Expulsion: The police hands in the proposal and the delegation of the government in Barcelona decides.
7. EXISTING OFFENCES ARE:
Except for the 'normal ones' of assault, public disorder, disobedience, damage and injuries.
The offence of taking part at an illegal demonstration or an illicit association.
The offence of squatting public buildings.
8. SOME NEW INFORMATION:
They want to do fast trials within 24 hours after the arrest. They can only do so if you accept the petition of the state prosecutor, or if you declare yourself guilty. A fast trial makes it more difficult to defend yourself because you don't have the time to prepare your defence. It is recomendable not to accept the petition of the state prosecutor and to avoid fast trials.
After the arrest, the usual process is that after you declare in front of a judge they let you out with charges, awaiting the trial. Because of the summit they want to let people out only on bail, which means that if you don't pay you will not be let out. It is necessary to mobilize people to protest against this to get the prisoners out without paying the bail.
· In some summits there have been problems with the mobile phones. It's possible that the same will happen to us here.
TELEPHONE LEGAL SUPPORT GROUP: 93 4434392 (Spanish)
For foreigners: 696047917 (English)
THE AVAILABLE LAWYERS IN THESE DAYS ARE:
FIDEL SANCHEZ BOLANCE
JAUME ASSENS LLODRA
JORDI BUSQUETS PLAZA
ROBERT SABATA GRIPEKOVEN
MONTSE SALVADOR CORTES
If you are arrested and you want one of these lawyers you have to give his/her full name at the police station.
HEALTH INFORMATION
PREVENTION:
Don't go in bad physical and mental conditions.
Bring with you all that you might need for personal health reasons.
IN CASE YOU ARE INJURED:
Don't try to cure yourself on the street, go to the closest medical service.
Where they attend you, ask for the juridical report (at the hospitals they send them directly to the judge). It is important that you have a copy.
At the following phonenumber you can contact the health group in case you need information about an injured person: 605137349
IN CASE OF ARREST:
If necessary ask to see a doctor. You have the right to be assisted.
Ask for the medical report once you have been assisted.
When leaving the police station go to another doctor to be revised again and get another report.
info
Comments
Hide the following comment
More Info...
13.03.2002 17:21
Indymedia Barcelona -
Campaign's website (Catalan/Spanish) - www.pangea.org/campanyaUE
Indymedia UK "World Page" -
imcista