By Juliette Jabkhiro and Layli Foroudi
PARIS (Reuters) – Discontent is rising in some Paris suburbs over the killing of a 17-year-old man by police on Tuesday after he failed to comply with a traffic stop (“refus d’obtemperer” in French).
Here is a closer look at what the French legal system says about these shootings.
What is a ‘refus d’obtemperer?’
A “refus d’obtemperer” is when a driver fails to comply with an order to stop given by an agent visibly belonging to the police forces.
It is punishable by two years in jail and a 15,000 euros ($16,431.00) fine.
On what grounds can police stop drivers?
The Highway Code says that a driver can be stopped by police to have his driving documents checked at any time without any visible violation of the law.
How many police shootings have there been following the refusal to comply with a traffic stop in France?
The lethal shooting on Tuesday was the third of its kind this year, down from a record 13 people who were killed after not complying with a traffic stop in 2022, according to a police spokesperson
There were three such killings in 2021 and two in 2020, none in 2019 and 6 in both 2018 and 2017, according to a Reuters tally, which shows the majority of victims since 2017 were Black or of Arab origin.
France’s human rights ombudsman has opened an inquiry into the death on Tuesday, the sixth such inquiry into similar incidents in 2022 and 2023.
What powers do the police have to shoot in the event that a driver fails to comply with orders?
Since 2017, French law has allowed police to use their firearms in five different scenarios:
– When their life or physical safety, or the life of another individual, is put at risk;
– When a place or people under their protection come under attack;
– When they are unable to prevent someone likely to threaten their life or physical safety, or other people’s, from fleeing;
– When they are unable to stop a vehicle whose driver has ignored an order to stop and whose occupants are likely to pose a risk to their life or physical safety, or to other people’s;
– If there is reason to believe it will prevent murder or attempted murder.
What do critics say about these powers and the increase in police shootings at traffic stops?
Rights groups have criticized the 2017 law, saying it dangerously broadened the legal framework for when an officer can use their firearm.
Fabien Jobard, a researcher at the Sociological Research Centre for Law and Penal Institutions (CESDIP), had previously told Reuters there were ambiguities in the law.
“This law confused very clear texts stating that a (police officer) cannot use their firearm unless it is to protect their life or the life of another,” Jobard said.
($1 = 0.9129 euros)
(Reporting by Juliette Jabkhiro and Layli Foroudi, Editing by William Maclean)
