France’s Nahel Shooting: Addressing Police Firearms Rules and Systemic Racism in Law Enforcement

Amnesty International calls for wholesale reform of French police firearm rules to address systemic racism

Recent Protests and Banning of Demonstrations

After the unlawful killing of 17-year-old Nahel M by a police officer, a number of demonstrations protesting police violence have been banned by the French government. This move has prompted Amnesty International to call for the prioritization of wholesale reform of the rules governing the use of firearms and lethal force by law enforcement officers in France. Amnesty International’s statement, released today, highlights the dangerous denial of the effects of systemic racism in law enforcement and emphasizes the importance of respecting the right to peaceful assembly.

Urgent Need for Reform

Amnesty International’s Regional Director for Europe, Nils Muižnieks, asserts that Nahel’s fatal shooting is just one example of a long series of unlawful killings at traffic stops by the police in France. Muižnieks argues that this tragedy highlights the urgent need for a comprehensive overhaul of the imprecise and permissive rules surrounding police use of firearms. He states that the current rules fall short of international law and standards, and coupled with the failure to end racial profiling and systemic racism, they contribute to a climate of impunity and fear.

Issues with Existing Rules on the Use of Firearms

The use of lethal force by police officers following a “refus d’obtempérer,” a refusal to obey police instructions to stop, has increased fivefold since 2017. The rules introduced into the Internal Security Code, which emphasize “absolute necessity and strict proportionality,” have become insufficient in governing the use of firearms.

While the rules state that firearms should only be used if there is an imminent threat to life or serious injury, they fail to adequately restrict their use to such circumstances. This failure to adhere to international human rights law and standards has led to an increase in the use of firearms towards people in moving vehicles since 2017.

Racial Profiling and Systemic Racism

Amnesty International recognizes that the disproportionate targeting of Black and Arab men by French police has resulted in numerous killings. Nils Muižnieks emphasizes the need for justice in Nahel’s case and calls for an overhaul of police firearm policy. Additionally, he stresses the importance of addressing systemic racism in French policing through meaningful action.

Background

UN Principles on the Use of Force and Firearms

The United Nations Basic Principles on the use of Force and Firearms by Law Enforcement Officials state that firearms should only be used in self-defense or defense of others against an imminent threat of death or serious injury. The intentional use of firearms should be strictly unavoidable and solely for the purpose of protecting life.

CERD’s Concerns on Racial Profiling and Excessive Use of Force

In a statement on July 7, 2023, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed deep concern over the continuing practice of racial profiling and excessive use of force by law enforcement officials, particularly police, against minority groups. This often leads to disproportionately recurrent killings with near impunity. However, the French authorities have denied any accusations of racism or systemic discrimination by law enforcement officers in France.

Class Action Lawsuit Against Ethnic Profiling and Systemic Racial Discrimination

Amnesty International France is part of a coalition of human rights groups that filed a class action lawsuit in 2021 against the French state’s inaction over ethnic profiling and systemic racial discrimination. The case is ongoing.

Editorial and Advice

Addressing Systemic Racism and Reforming Police Firearm Rules

The case of Nahel M’s unlawful killing and the subsequent banning of protests highlight the pressing need for comprehensive reform in France. The existing rules governing the use of firearms by law enforcement officers are insufficient and fall short of international standards. To address this, the French government must take immediate action to prioritize the wholesale reform of these rules.

Furthermore, it is crucial for the authorities to acknowledge and address the systemic racism deeply rooted within the French police force. The disproportionate targeting of Black and Arab individuals is a grave issue that demands urgent attention. Meaningful action must be taken to combat racial profiling and ensure accountability for officers who engage in unnecessary or excessive force.

Importance of an Independent Body for Investigating Complaints

Amnesty International has long advocated for the creation of an independent body responsible for investigating complaints against law enforcement officers. Establishing such a body would help ensure transparency, impartiality, and accountability in addressing the numerous cases of police violence and systemic racism.

Justice for Victims and Building Trust in Law Enforcement

In order to restore public faith in the justice system, it is crucial for the authorities to deliver justice for victims like Nahel M. The failure to hold officers accountable for their actions perpetuates a cycle of impunity and erodes public trust in law enforcement. A transparent and fair investigation process is essential for rebuilding trust and ensuring that the rights and safety of all individuals are protected.

Reforming Police Training and Procedures

Alongside the reform of firearm rules, comprehensive changes should be made to police training and procedures to address the underlying issues of racial profiling and excessive use of force. Efforts should be focused on promoting de-escalation techniques, cultural sensitivity training, and enhancing community policing practices. By doing so, law enforcement can foster a safer and more inclusive environment for all citizens.

Conclusion

The unlawful killing of Nahel M and the subsequent banning of protests have drawn renewed attention to the pressing need for reform in France. Amnesty International’s call for wholesale reform of police firearm rules and the eradication of systemic racism in law enforcement should be heeded by the French government. By prioritizing these issues, France can work towards a more just and accountable police force that respects the rights of all individuals and ensures the safety of its citizens.

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