The replacement of rubber bullets used by the State Security Forces and Corps with other types of non-lethal riot control materials that do not cause “irreparable injuries” is the most striking novelty of the agreement reached by the PSOE and Sumar with EH Bildu, one of the government’s most reliable partners, for the reform of the Citizen Security Law, better known as the gag law. The Congress approved it in 2015 with only the votes of the PP, with an absolute majority, and it came into force in 2016 amidst significant social unrest. The PSOE, which appealed it to the Constitutional Court, was close to reaching an agreement with its partners in the past legislature that was ultimately thwarted by differences in four points that had been insurmountable until today. The Government still needs the support of other parties to move forward with the reform. The main aspects of the agreement are as follows:
Rubber bullets: The use of this riot control material was one of the main sticking points. The prohibition of their use was a crucial condition for EH Bildu, ERC, and Junts, but the PSOE was only open to limiting their use. Police unions reject their withdrawal because they believe it would “result in operational loss” for the agents when they have to deal with violent street disturbances. The Mossos d’Esquadra have been prohibited from using rubber bullets since 2014 and instead use foam projectiles, a material that does not bounce and deforms upon impact, which is supposedly “less harmful.” The foam bullets are also used by the Ertzaintza and the Police Foral of Navarra. The agreement among the PSOE, Sumar, and EH Bildu, however, does not specify what material will replace rubber bullets.
A report from June 2021 by the Catalan association for the defense of human rights, Iridia, stated that between 2000 and 2020, there were 26 people “affected” by direct impacts from rubber bullets. Of these, one, the Athletic Bilbao supporter Íñigo Cabacas, died. Fifteen others suffered the incapacitation or loss of an organ, mostly the eyeball. The Ministry of the Interior purchased nearly 60,000 rubber bullets at the end of 2022, amidst parliamentary debate on their prohibition. “The use of the kinetic projectiles known as rubber bullets will be progressively replaced,” the pact states, without specifying concrete dates. The Government will need to present a timetable for their replacement.
Disobedience and lack of respect for authority: The agreement between the government parties and EH Bildu aims to put an end to “discretion” in penalties for disrespect towards authority and disobedience to the Security Forces and Corps. The gag law allowed for 1,817,478 fines to be imposed between 2015 and 2022, according to data from the Ministry of the Interior. Nearly a quarter of these corresponded to two articles: 36.6, which penalizes resistance, disobedience, or refusal to identify oneself to security forces, and 37.4, which penalizes disrespect for authority. The future law will categorize disobedience to authority as a minor offense and will add a criterion to make it “clear and objective.” Disobedience is considered “clear and obvious” to authorities or agents in the exercise of their functions when it involves “refusal to comply with a legal order or one in accordance with legality or the legal system.”
Insults or slander aimed at a member of the Security Forces while in the exercise of their duties will be considered minor offenses when these actions do not constitute a criminal offense and must involve “significant expressions”, with mere disagreement with a legitimate mandate or exercise fundamental freedom of expression not considered sanctionable. The sanction will be revoked when the offender “agrees to retract/apologize for their statements.”
Fine amounts: The gag law currently regulates that very serious offenses will be punished with fines of €30,001 to €600,000; serious offenses from €601 to €30,000; and minor offenses from €100 to €600. The new text will see serious offenses being punished with fines between €501 and €25,000 and minor offenses with a fine between €100 and €500, with penalties being progressive and considering the salary of potential offenders.
Border returns: Immediate deportations of irregular immigrants in the autonomous cities of Ceuta and Melilla right after crossing the border should no longer occur, although whether this change will be applied effectively remains to be seen, according to parliamentary sources with some skepticism. Amnesty International and other organizations, such as the Spanish Commission for Refugee Aid (CEAR), have been denouncing for years the expulsion of migrants or refugees without proper protection or guarantees, as they are not given the opportunity to explain their circumstances, request asylum, or appeal their expulsion. The agreement stipulates a modification of the Immigration Law within six months from the entry into force of the future security law to recognize and guarantee migrants’ rights and ensure asylum applications are processed in compliance with human rights and international protection standards, respecting International Humanitarian Law. Identification and assessment for asylum applications should be conducted at designated border crossing points prior to the expulsion process, hindering such expulsions.
