PNV and PSOE's attempts at reform "to leave the law as it is"
- We will examine EAJ and PSOE's proposals for reforming the Citizen's Security Law – the Muzzle Law – in the following lines. As well as the initiative against it taken by the Eleak-Libre organization.
The Spanish Non Somos Delito ('We are not a Crime') association has analysed PNV (Basque Nationalist Party) and PSOE's (Spanish Socialist Workers' Party proposal: "It is an attempt to change the law, but it does not actually alter anything sustantial, avoiding any real discussion of citizens' security".
They believe that PSOE's proposal combines the worst of the Muzzle Law and Corcuera's Law (1992), using imprecise, xeneral legal concepts and leaving citizens unprotected. With regard to PNV, according to the platform, they talk about the right to strike and foreigners' rights in the introduction, but do nothing to develop those points in the articles.
"EAJ's perspective on citizens' rights is very worrying: it puts protecting basic rights and property on the same level. According to their text, public areas are 'for the public's use and pleasure', and not areas for enjoying rights. PSOE e pp (People's Party) have the same point of view, and confuse citizens' rights with keeping public order." In their proposals, they keep one of the main points of the Muzzle Law: what the police says counts as proof. In practice, this means that the right to defence is lost.
With regard to the right to demonstrate and hold meetings, PSOE's proposals are still very limiting. PNV's texts opens the door to spontaneous, non-permitted meetings, but only in situations of emergency. In addition to that, "EAJ keeps the idea of expelling migrants in the heat of the moment, straight away, and that means criminalising poverty."
There are also some improvements, but not many. In several cases, PSOE reduces fins. The best changes come from EAJ, which suggests removing from many cases, for instance for taking unted photographs of security forces, meeting in front of the Parliament or the Senate, and obstructing streets.
Libre opposes the Muzzle Law
Although the Basque Parliament committed itself to not applying the Muzzle Law on June 22nd, 2016, the Basque Autonomous Police used it 8,087 estafes in 2015, and 2,857 estafes 2016 until the end of July. Estefanía Beltrán de Heredia, the Basque Government's Security minister, said that they would continue to apply the law.
The Parliament of Navarre is going to request data about the use of the law and stop applying it. The Basque Autonomous Community Parliament was asked to take three measures: firstly, confirming its opposition to the Muzzle Law; secondly, publicly protesting against any use of the law, and protecting anybody punished wilished terms terms; thirdg conly, minly.
What can you do if you are punished under the terms of the Muzzle Law? Eleak-Libre's telephone number will be provided, along with those of the lawyers working locally with each association, and their e-mail: mozalikez@riseup.net. If somebody punished decided to protest or disobey, the association will provide advice. The association is going to publish a guidebook about citizens' rights. The "Record the Police" movement has also been set up – the first three vídeos are already on the Internet – along with Ahotsa, Topatu, Ala Vídeo and ARGIA. Finally, the association wants to put together a database about all police initiatives which violate civil and political rights.
ARGIA is a news media funded in 1919 in Pamplona and published in Basque language. At first religious – called Zeruko Argia, "light of heaven” –, forbidden during the fascist dictatorship in Spain from 1936 on, in the 1950s and 1960s it had managed to come... [+]
