Legal Note LBD40 - CNTF Official - Version 2.0

 

LEGAL FILE

SUR LE LBD 40
Online 13.03.2020






GENERAL POLICING FRAMEWORK

Parliamentary report of 21 May 2015 (Mrs POPPELIN and MAMÈRE). http://www.assemblee-nationale.fr/14/rap-enq/r2794.asp

Comparative international law of this type of very special state operations:
Cases of: Germany/Belgium/Spain/Hungary/Italy/Roy.Uni/Slovakia and Sweden.

In : Freedom of protest is mentioned in a decree of law of 23 October
1935 regulating measures to strengthen the maintenance of public order. A constitutional council decision dated January 18, 1995 invalidates a Safety Guidance and Programming Act and enshrines the right to collective expression of ideas and opinions on public roads.


In Paris: Respect for the freedom of demonstration is the responsibility of the Prefect of Police from the Consulate and the law of 28th year VIII, specified by the order of the Consuls of 12 messidor an VIII...




      1. For police and gendarmes: common rules


Article R434-1 of the Homeland Security Code expressly states:

    • The provisions of this chapter constitute the code of ethics of the national police and the national gendarmerie for the performance of their internal security missions. »

Note: This code of ethics of the national police is the result of a series of repeals carried out by Decree No. 2013-1113 of December 4, 2013 - art. 9 BUT CLEVERLY IS NOT DIRECTLY
CONSULTABLE VIA THE LIST OF CODES IN VIGUEUR directly accessible on the home page of the

official government website: http://www.legifrance.gouv.fr

Official hyperlinks to check it out :









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IMPORTANT RECALL/ Any decree, taken by the application of Article 20 of Law No. 2018-727 of August 10, 2018, known as "for a State in the Service of a Trusted Society," amendingArticleL. 312-2 of the code of relations between the public and the administration and creating a new article L. 312-3 within the same code, must be available on the website Legislation: http://www.legifrance.gouv.fr !


Article R434-2 of the Homeland Security Code:


  • Placed under the authority of the Minister of the Interior for the performance of internal security missions and acting in accordance with the rules of the Code of Criminal Procedure in judicial matters, the national police and the national gendarmerie are responsible for the defence of national institutions and interests, respect for laws, the maintenance of peace and public order,

protection of people and property.

In the service of republican institutions and the population, police officers and gendarmes perform (obligation1), their duties with loyalty, sense of honor and dedication. (),

In carrying out their internal security missions, the national police, a force of civil status, and the national gendarmerie, an armed force, are subject to common ethical rules and rules specific to each of them. These are specified in Section 4 of this chapter. »


Article R434-10 du Code de la Sécurité Intérieure :


  • The police officer or constable does(obligation2),in the performance of his duties, proof of discernment.

It takes into account (all circumstances the nature of the risks and threats ) of each situation it faces and the time it has to act, to choose the best legal response to it. »



Article R434-14 of the Code of Homeland Security


"The policeman or constable is serving the public.

Its relationship with it is imbued with courtesy and requires the use of vowing. Respectful of the dignity of people, it ensures to behave in any manner in an exemplary manner ((obligation4), able to inspire in return respect and consideration . »


Article R434-18 of the Code of Homeland Security

Created by Decree No. 2013-1113 of December 4, 2013 - art. (ibidem/ putativity /publication ()


    • The police officer or constable uses force within the framework set out in the law, only when necessary, and in a proportionate manner to the purpose to be achieved or the seriousness of thethreat, as appropriate. It uses weapons only when absolutely necessary ( (obligation5)and) within the framework of the legislation applicable to its own status. »



B. For gendarmes: additional specific rules

Article R434-33 of the Homeland Security Code


Created by Decree No. 2013-1113 of December 4, 2013 - art. (ibidem/ putativity /publication ()




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    • The gendarme, a soldier of the law, is subject to the duties and subjections provided for by the general status of the military defined by the code of defence((specificadditional obligation1) as well as specific subjections related to the conditions of the exercise of the military profession of the gendarmerie. »


Article L4122-1 of the Defence Code/ Book 1: General Military Status art.8:
LOI No. 2005-270 of March 24, 2005 DISPONIBLE IN COMPLETE AND EASILY ON LEGIFRANCE


  • The military must obey the orders of their superiors and are responsible for carrying out the missions entrusted to them.


However, they cannot be ordained and they cannot perform acts that are contrary to the laws, customs of war and international conventions ( (additional obligation specific to gendarmes2 ).

The subordinates' own responsibility does not absolve their superiors of any of their
responsibilities. (Additional (obligation specific to gendarmes3 ).




AND ABOVE ALL: THE IMPERATIVE AND ABSOLUTE DUTY OF DISOBEDIENCE OF A FRENCH SOLDIER HAS ANY OBVIOUS ORDER

ILLEGAL (Transposition of the circular/military instruction of the Comptroller General of the Armed Forces Jean-Michel PALAGOS from Dec. 2005):




Decree No. 2005-796 of July 15, 2005 relating to general military discipline Article

7 :

Source there also verifiable/




    • Duties and responsibilities of the Subordinate Military :

  1. The subordinate faithfully executes the orders he receives. He is responsible for theirexecution. On all occasions, he seeks to show thoughtful initiative and must penetrate from the mind as well as from the letter of orders.

  1. The subordinate has a duty to account for the execution of the orders received. When he finds that it is physically impossible to execute an order, he reports it without delay.


  1. The subordinate must not carry out an order prescribing to perform an act

manifestly illegal or contrary to the rules of international law applicable in armed conflicts and the international conventions in force for France . »


  1. For protesters / The Right to Know THE RIO





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of the order taken on Christmas Eve of 12/24/2013 https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT00002 8387708

and... an "Immediate Telegram (?)" by Interior Min. Bernard CAZENEUVE dated June 9, 2016 revealed by the Press alone (!): https://www.franceinter.fr/justice/manifestations-quand-bernard-cazeneuve-reframe-the-forces-of-law

  1. For journalists/ The right by anyone to film any abuses committed

Resolution 25/38, adopted on 24 March 2014 and 32/32 on1 July 2016 by the UN Human Rights Council;


Resolutions 1920 and 1947 notably adopted in 2013 by theParliamentaryAssembly of the Council of Europe ;

Circular of December 23, 2008 disappeared from the site Legois but available on a pdf accessible and downloadable for free



  1. For everyone/Right of access to the Defender of Rights, IGGN, IGPN and to file a complaint

Article 71-1 of the Constitution LAW Constitutional No.2008-724 of July 23rd... - art. 41

  • The Advocate ensures that rights and freedoms are respected by state administrations, local authorities, public institutions, as well as any body with a public service mission, or for which organic law assigns jurisdiction.

It may be seized, under the conditions of the organic law, by any person who feels aggrieved by the operation of a public service or an organization covered by the first paragraph. It can seize automatically. »

OR ;

Article L142-1 of the Homeland Security : LOI No.2014-1353 of November 13








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OR


  1. A DAMNING REPORT BY THE RIGHTS DEFENDER

(Mr. Jacques TOUBON)

And dating back to December 2017 !!!


Relevant excerpts :

  • Sections D211-17 and 19 of the Homeland Security Code42 list firearms that could be used by law enforcement officials in the so-called use of firearms in law enforcement operations. These firearms are classified as A2 and include:

- Hand grenades(GMD):they propel 18 rubber projectiles and emit a strong sound effect, 150 decibels to 5 meters;
- Instant tear gas grenades(GLI/F4) with blast effect; used in particularly degraded situations, they emit by detonation an explosive mixed effect and tear gas with sound effect of the order of 165 decibels to 5 meters;

- 56 mm grenade launchers ( (Cougar-typelauncher) and their ammunition; - 40 mm grenade launchers (LBD40) and their ammunition () ;

- 40x46 defensive ball launchers and 44 mm defensive ball launchers (LBD44 (). »

Page 28 :

  • Most of the difficulties associated with the use of intermediate force weapons are the result of individual behaviours of officers who act in a lack of knowledge of the framework for the use of the weapon. For this reason, the intervention in an incorporated unit is a guarantee for the respect of the principle of necessity in the use of weapons, since it can only intervene on the orders of a hierarchical superior. Initiative shots are prohibited and the target must be precisely determined after an assault is found to justify this response framework. However, the cases handled by the Advocate on the use of intermediate force weapons in law enforcement operations involve mainly officers of non-specialized law enforcementunits, such as LACs and security and intervention companies.53 This finding is confirmed by several interviewees who regret the intervention of too many non-specialized units in these operations. Less trained and less trained in policing rules, officers in these units often show less restraint in the use of force. Indeed, usually trained in interventions in the context of flagrante delicto to carry out arrests, these personnel often act on initiative and without waiting for the order of the hierarchy to use the





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resources and weapons in staffing contrary to law enforcementrules. (sic)





RECOMMENDATION 2:In light of claims related to the use of LBD 40x46 in policing, its dangerousness and the disproportionate risks it poses in the context of demonstrations, the Advocate recommends a ban on the use of defensive ball launchers in law enforcement operations,

regardless of the unit likely to intervene.



AND worse:


  1. A VERY PRECISE BUT BURIED BILL

(Mr. Noel MAMER - Member of Parliament)

July 22, 2009 !!!


Relevant excerpts :

  • The National Commission for the Ethics of Security (CNDS) denounced ... 2008 ... the use of the defensive ball launcher (LBD, better known as the Flash-Ball brand)..." If the projectiles launched by the LBD were chosen for their deformation ability on impact limiting the risk of penetration into a living body, they can have dramatic consequences when the affected body part is, as in this case, the face and more precisely theeyes"..."

  • The disturbance of public order aroused... adds to the dangers repeatedly observed during the use of these non-lethal weapons...

That is why we believe it is essential to have prohibitive legislation ... to prevent drifts and health risks related to their use.. This measure is essential to protect the imprescriptible right to protest and the right of expression of social movements... who cannot be subjected to police pressure to marginalize or even criminalize them. »



This proposed law has remained a dead letter because it has never been !










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Note: : A Commission of Inquiry chaired by the Member of Parliament

N.MAMÈRE was convened in 2015 mentioning a special ministerial instruction LBD40 and LBD44

But it is worth noting that the current official website of the Defender of Rights has deliberately chosen to silence its existence to the maximum:

(To check it, just type on Google: Instruction INTJ1419474J and find (11/03 /2020) that the site juridique.defenseurdesdroits.fr still appears on the front page (on the 2ndline) but haschosen to delete its dedicated access link).



The hyperlinks to access these two hidden official documents are:





  1. The Factual Right to Refuse DNA: The recent ECHR Jurisprudence Condemning FRANCE

https://juridique.defenseurdesdroits.fr/index.php?lvl=notice_displ ay&id=22216

ECHR judgment of 22 June 2017: Aycaguer case v. France:


Press release and hypertext stop:



French judgment says in "hole umbrella" criticized by the Doctrine, dated

January 15, 2019 of the Court Cassation (Ch. Criminal):

Recall of the Reasons for the "opportunisticly overturned" Appeal Judgment: By a decision dated 22 June 2017 Aycaguer v. France, the European Court of Human Rights found that the current regime for the retention of DNA profiles in the National DNA File (FNAEG), which the applicant had objected to in refusing the sample, did not provide sufficient protection to the person, that it did not provide sufficient protection for the person concerned, that it did not provide for any differentiation depending on the nature and seriousness of the offence, and that it found that it found that



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the applicant's criminal conviction for refusing to submit to the levy for the registration of his profile in the FNAEG amounted to a disproportionate infringement of his right to privacy and could not be regarded as necessary in a democratic society and that, therefore, there had been a violation of Article 8 of the European Convention on Human Rights; that the judges add that, in view of this decision but also of the nature and the degree of seriousness of the main facts alleged against Mr X..., it is appropriate to apply the jurisprudence of the European Court of Human Rights and to find that the conviction of the accused for the offence under Article 706-56, II of the Code of Criminal Procedure would be contrary to Article 8 of the European Convention on

human rights.

Full on:






  1. INFORMATION ON CURRENT EU REGULATIONS:


Constituted as much evidence of the manifestly illegal nature of the orders received :


ARTICLES 9, 10, 11, 14, 17 and 18 of the ECSDH(LF): European Convention of Safeguarding (= (strict state obligation and for all Agents of strict compliance - NDLR) of Human Rights and Fundamental Freedoms /

CESDH ARTICLE 9: Freedom of thought, conscience and religion

  1. "Everyone has the right to freedom of thought, conscience and religion; this right implies the freedom to change religion or belief, as well as the freedom to manifest one's religion or belief individually or collectively, in public or in private, through worship, teaching, practices and the performance of rites.

  1. Freedom to manifest one's religion or beliefs cannot be subject to any restrictions other than those which, as required by law, constitute necessary measures, in a democratic society, for public safety, for the protection of public order, health or morality, or for the protection of the rights and freedoms of others. »


ARTICLE 10 of the : Freedom of expression

  1. "Everyone has the right to freedom of expression. This right includes freedom of opinion and the freedom to receive or communicate information or ideas without interference from public authorities and without regard to borders. This article does not prevent states from subjecting broadcasting, film or television companies to a licensing regime.

  1. The exercise of these freedoms with duties and responsibilities may be subject to

certain formalities, conditions, restrictions or sanctions provided for by law, which are necessarymeasures, in a democratic society, national security, territorial integrity or public safety, the defence of order and the



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prevention of crime, protection of health or morals, protection of the reputation or rights of others,to prevent the disclosure of confidential information or to ensure the authority and impartiality of the judiciary. »


ARTICLE 11 of the : Freedom of assembly and association

  • Everyone has the right to freedom of peaceful assembly and freedom of association, including the right to form trade unions with others and to join trade unions in defence of their interests.

The exercise of these rights may not be subject to any restrictions other than those which, as required by law, constitute necessarymeasures, in a democratic society, for national security, public safety, the defence of order and the prevention of crime, the protection of health or morals, or the protection of the rights and freedoms of others. This article does not prohibit legitimate restrictions on the exercise of these rights by members of the armed forces, the police or the state administration. »


CESDH ARTICLE 14: Prohibition of discrimination

  • The enjoyment of the rights and freedoms recognized in this Convention must be ensured, without distinction, based in particular on sex, race, colour, language, religion, political opinions or any other opinion, national or socialorigin, membership of a national minority, wealth, birth or any other situation. »



ARTICLE 17 of the SSHR: Prohibition of abuse of rights :

  • None of the provisions of this Convention can be construed to imply any right for a state, group or individual to engage in any activity or to perform an act aimed at destroying the rights or freedoms recognized in this Convention or to further limitations of those rights and freedoms than those enshrined in that Convention.. »



ARTICLE 11 of the SSHR: Limiting the use of rights restrictions :

Restrictions which, under the present Convention, are imposed on those rights and freedoms can only be applied for the purpose for which they have been provided for.



With useful reminder ofArt. 55 of the French Constitution of October 4, 1958 in force .

  • Treaties or agreements that are regularly ratified or approved have, as soon as they are published, a higher authority than the laws, subject, for each agreement or treaty, to its application by the other party."




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  1. INFORMATION ON CURRENT INTERNATIONAL REGULATIONS:

Constituting evidence of the manifestly illegal nature of the orders received :



GENEVA CONVENTIONS (weapons) and their ADDITIONAL PROTOCOL

Apply under Art. 55 of the French Constitution of October 4, 1958 :

The Additional Protocol to the Geneva Conventions of 12 August 1949 on the protection of victims of non-international armed conflict (Protocol II), 8 June 1977. https://www.ohchr.org/FR/ProfessionalInterest/Pages/ProtocolII.aspx

Article 13: Protection of the civilian population: :


    1. « The civilian population and civilians enjoy general protection from the dangers of military operations. In order to make this protection effective... under all circumstances:

    1. Neither the civilian population as such nor civilians should be attacked. Acts or threats of violence whose main purpose is to spread terror among the civilian population are prohibited. »





  1. INFORMATION - PRACTICAL LEGAL NEWS




  • NOTE AND DOWNLOAD: The "Guide of the Arrested Protester" updated by the Magistrates' Union with official referral from the ECHR on 22/01/2020 (announced to the Press on 28/02/2020 )



&

Please note/

(This recent decision to refer the matter to the ECHR (the jurisdictional body of the CESDH signed by the RÉPUBLIQUE FRANÇAISES on 04/11/1950 and came into force on 03/09/1953 on the initiative of the Council of Europe and sitting in Strasbourg) was taken after being rejected before the administrative court of Paris and then before the Council of State by Judgment of the 9th and 10th chambers convened (below downloadable) of 24 July 2019).




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Hypertext sources:

Le Monde edition of 28/02/2020: click



Decision of the Council of State of July 24, 2019: click



IMPORTANT/ This judgment, considered felon by many lawyers, does not mention obviously the inTJ1419474J investigation of the Minister of the Interior, but only those of July 27 and August 2, 2017 curiously become also untraceable...


[See. https://koubi.fr/spip.php?article1096(reference (4) in appendix trailer (]


Nor is the ruling in principle of 1 February 2019 (refusing to the CGT) to outright ban contentious and anti-social weapons by nature: https://www.conseil-etat.fr/ressources/decisions-contentieuses/dernieres-decisions-important/council-of-state-ordinance-of-1st-February-confederation-general-of-work-and-other





FINAL PERSONAL CONCLUSION OF the SCEAUX OFFICIER (CNTF)
Me Fabrice BONNARD

On the legal scandal of the LBD40



1/ LEGAL DISMANTLING OF THE TECHNICAL-ADMINISTRATIVE SCAM:

The investigation of 27 July and 2 August 2017 by which the Minister of the Interior Mr CASTANER, in his capacity as head of the department, defined the conditions for the use of LBD40 and GLIF intermediate force weapons was intended only for the services and units responsible for maintaining law and order. .

So and implied: not expressly neither the LAC and/or the other Policemen (e.g. in simple function in the police stations yet very widely used every Saturday for 15 months)... Everyone will (almost) appreciate...




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And worse and full of bad faith: in the same way as ultra-specialisation, these ministerial instructions LBD40 did not even have to be published according to a more than audacious scandalously permissive new ec judgment... Everyone will know in the text in yellow laugh:


  • The conditions of use of the firearm called "40 mm defensive bullet launcher" ("B... 40 mm" for policing were recalled to the relevant national police and gendarmerie services by telegrams from the Minister of the Interior on 15 and 16 January 2019. In a new telegram on 23 January 2019, the Minister of the Interior also instructed them to provide, as far as possible, the holders of B... or their pairing of a camera-pedestrian, in order to record the conditions under which this weapon is used. If these telegrams are to be viewed as revealing the decision to maintain the use of this weapon in the event of crowds during the so-called "yellow vest" demonstrations, "the Minister's statements in interviews dated January 18 and 29, 2019 and February 21, 2019, in response to journalists, do not reveal any decision that could be attacked by the excessive use of power. (Sic)

[An Angel with Kepi warned by internal telegrams passes, with a ministerial Tonfa in his left hand and a judicial Taser in the other...]



2/ LEGAL DISMANTLING OF THE JUDICIAL-ADMINISTRATIVE SCAM :

  1. Nota bene incredible but true: and then... "at the same time" ... almost "s crafty-sioux on the march" because (macron) "without a drum for much better deceiving" !!!


  • CHECK / ON CAN MORE INSTRUCTIVE because REVEALING a CAMOUFLAGE

By typing "LBD 40" on the search engine , no decision appears...

SOLUTION: You have to write... "40mm ball launcher" ... Is that clever!!!



  1. On 28 January 2019, the French Council of State very curiously rejected the suspension of the use of LBD40 (class A2 weapon):

Defending the public interest or reason of state? The question was publicly asked:






3/ TECHNICAL DISMANTLING OF THE LEGAL-DIPLOMATIC SCAM

MAN RIGHTS IN 2019/2020






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Excerpts from the famous 500-page dossier in 2 documented parts and including the official response to the pseudo-explanations of the French Government to these international forums in pdf and to be downloaded exclusively on the site: conseilnationaldetransition.org





Written by Fabrice BONNARD - Officer of The Seals of the National Transitional Council of France - Former Lawyer in the General Directorate of Customs - Former Principal Holder of the Individual Defence Mission of Customs Officers - Former Officer of the Provost.























































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