The Syndicat de la magistrature, a French magistrates’ union, published a statement last Friday denouncing the government’s response to the recent high school student protests. The union criticized the use of “sublethal mutilating weapons” and accused the government of using a “brutal” approach to maintain order.
The protests, which began in mid-September, have resulted in 83 police officers and gendarmes being injured, according to the Ministry of the Interior, as of 30 September. The Ministry of National Education reported 119 students and staff members were also injured. There have been at least three complaints filed with the Inspectorate General of the National Police (IGPN) regarding police violence, including an incident where a 16-year-old student lost an eye possibly due to a flash-ball firing, including a case where a 14-year-old student had their jaw broken, possibly due to a close-range grenade launcher shot.
Magistrates’ Union Criticizes Government Response
The Syndicat de la magistrature’s statement described the student movement as “legitimate” and criticized the government’s decision to use force to suppress the protests. They argued that the government’s approach was disproportionate and targeted vulnerable populations, particularly young people from working-class neighborhoods.
The Syndicat de la magistrature argued that this approach was overly broad and arbitrary, and that it could lead to the repression of peaceful protests.
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In response to the Syndicat de la magistrature’s statement, Unité Magistrats FO, another magistrates’ union, published a statement reaffirming its support for law enforcement and criticizing the Syndicat de la magistrature’s position as “political” and “militant”. Unité Magistrats FO argued that magistrates should remain impartial and apply the law equally to all individuals.
The Syndicat des commissaires de police nationale (SCPN) has criticized the Syndicat de la magistrature’s statement, calling it “honte” (shameful) and a “danger to the Republic”. A recent opinion from the Conseil supérieur de la magistrature (CSM) suggests that magistrates do have the right to express themselves freely, including adopting a “polémique” (polemical) tone, as long as they do not compromise the image of impartiality and neutrality of the justice system.
The CSM noted that the recognition of the right to syndical activity confers on trade unions and their representatives a right to express themselves that is even broader than that resulting from common law, particularly in the context of syndical activity, where the possibility of adopting a polemical tone is a necessary corollary to the full exercise of trade union freedom.
