FRANCE: Proposed law on the presumption of lawful police shootings raises serious rule of law concerns

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On 7 July, the French National Assembly adopted bill number 691 establishing a presumption that police officers and gendarmes, the armed police force in France, use firearms act lawfully, unless there is other evidence. The “presumption of self-defence” proposal, supported by the French government, now proceeds to the Senate. The law would significantly weaken the legal framework for investigations into the use of lethal force by the police. In practice, it would reverse the starting point in criminal proceedings as evidence would not be required, shifting the practical burden onto victims and prosecutors, normalising the use of lethal force and eliminating criminal accountability.

Civil society actors have described the bill as creating a “licence to kill” and have warned that the proposal has huge rule of law shortcomings and risks undermining the protection of the right to life and access to justice. The concerns have been echoed by international human rights experts, and lawyers’ unions, and National Human Rights Institutions, such as the National Consultative Commission on Human Rights and the French Ombudsman. The UN Special Rapporteur on extrajudicial, summary or arbitrary executions urged France to reject the bill and said that every death involving law enforcement must be subject to a prompt, effective, and independent investigation. He warned that the proposed legislation could foster impunity and weaken France’s compliance with its international human rights obligations. The civil society mobilisation against the bill is massive. The most significant development is a citizen petition to withdraw the bill that has crossed the 500,000 signature threshold.