10 BASIC RIGHTS OF THE DEMONSTRATOR PRELIMINARY RECOMMENDATIONS
IN CASE OF POLICE CHARGES
“Freedom of speech, demonstration or reunion are fundamental rights of people and are protected by the Spanish Constitution.” (Arts. 20 & 21) According to this directives you can exercise your right to demonstrate and express yourself by the means of a demonstration, a non-violent direct action, displaying a banner, distributing propaganda, screaming or chanting slogans, etc.. Try to obtain the information agreed the assembly about mobilisations, their path, legal aid, etc.. We hope this information about basic rights of the demonstrator is useful for you. 1. The right to demonstrate and meet doesn’t need previous authorisation from government officials, but does require previous notice, when you foresee the assistance of over 20 people. Should the meeting not be communicated there’s the possibility that police will prohibit the meeting. Always, in risky situations or in case the meeting isn’t authorised, the decisions must be collective and not individual. It’s important that we all respect the common space and preparatory meetings. 2. The police may ask you to show your ID or similar. Even though they must have a legal reason (disturbance on public order, damages, etc...) You mustn’t deny. If you do so you can be taken to a police station. After identifying you they must return your ID. you have the right to ask the officer for his plaque number, should he deny, the superior officer must show you his. “A posteriori” it’s recommendable to study the convenience of establishing a legal action. 3. If you are arrested, you have to know you can only be detained for a maximum of 72 hrs, unless you are applied the antiterrorist legislation (LAT), which may extent this period for 48 hrs. From this moment you will be under a court’s disposition. 4. You must be informed of the motives of your arrest. The agents that arrested you also have to inform you of their identity. You have the right to remain silent. You have no obligation to sign or declare anything you don’t want to. You have the right to ask the police to inform who you want, family, friends, organisations, etc... As well as the place where you are detained. 5. In the cases of illegal detention and that the rights of the arrested are not respected you might ask for an “Habeas Corpus.” this is a procedure of being immediately sent under the disposition of a court. It may be requested by the detained, partner, parents, children, brothers or sisters. You must ask it written or with the attendance to a judge, expressing name, circumstances of the solicitor, place of detention and motive. 6. You have the right to appoint a lawyer of your own wish to represent you in the moment of your declaration to the police. You have the right to hold a private meeting with your lawyer after the declaration (if you haven’t declared anything you can also hold the meeting) so he advises you for your declaration to the judge. In case you are applied the LAT, the lawyer will be appointed by the state and there isn’t a private meeting. The lawyers of the FST are:
7. If you are a foreigner you have the right to be assisted by a translator during your declaration and to communicate with your respective Consulate or Embassy of your detention. 8. It’s advisable, because of the possibility of police controls an “body searches” -in bags, backpacks, etc...- that you attend the demos with empty pockets, no diaries/addresses or objects that can be considered weapons, etc... Always carry your ID. Otherwise you may be arrested. 9. If you see someone being arrested, quickly inform to the organisers or to the legal assistance team. Try to give as much information as you can. This information will make it easier for the legal assistance teams to help the arrested. It’s important to try and contact their families. 10. In case the police treat you wrong or you are a victim of physical or psychological torture during the detention period, then state it to a Forensic doctor. In the same way, you should tell it to your lawyer and state it in your declaration. It is important to fight police impunity to denounce it after you’re freed. (Arts. 173 to 177 of the Criminal Law) Madrid, March 2002 If you observe an act of repression or arrest, please call: +34 91 554 72 05 / +34 677 849 841
Área, “In defence of liberty”, Madrid
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