Denmark: Ban on masks at demonstrations
01 January 2000
A majority in the Danish parliament favour the reintroduction of a ban on the wearing of masks before and during demonstrations. It "will prevent riots", said the Minister of Justice, Frank Jensen. There has not been a ban on wearing masks, or other items that can disguise a persons identity, during public gatherings or demonstrations since 1967. It is expected to be passed with a large majority (the coalition government supported by the Liberal Party, the conservatives and the extremist Danish Peoples Party).
The Minister of Justice has argued in favour of the proposed amendment to the Penal Code says that it will, "...in certain situations improve the capability of the police to - before unrest starts - prevent violence, wanton destruction of property and other offences connected with demonstrations...If unrest has already broken out, a ban could give the police a better basis for intervening with participants who appear masked". This is a new position for the Minister. Until recently official policy had been to reject proposals by the opposition to reintroduce a ban. Now, under pressure from senior police officers, and a general "tough-on-crime" criminal justice policy, the social-liberal junior partner in the government coalition has accepted the Social Democrat's position.
However, it is not just being masked while participating in a demonstration that will be covered by the new amendment. The mere possession of material that can be regarded as a potential mask can lead to confiscation and perhaps arrest (although religious clothing and carnival processions are not included). Indeed, if police officers observe a group of people they think are about to participate in a demonstration - however peaceful they may be - the new amendment opens up the possibility for the police to search the group and also to disperse the gathering, demonstration or event that they were on their way to join. If found guilty a sentence ranging from a fine to six months imprisonment can be imposed.
With this amendment the Danish Penal Code will be brought in line with similar directions in the United Kingdom where, since the 1998 Crime and Disorder Act, police have had the right to ban the wearing of masks. The same is true for Germany, where the so-called vermummungsverbot (disguise ban) has been effective since 1989. In the Netherlands there are no specific provisions in the law that prohibit mask wearing, but city mayors' can issue provisions for public gatherings and demonstrations which can include a mask ban. Of the Scandinavian countries, Norway is the only one which has a ban on masks included in the Police Law.