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France: Ertzaintza denied hot pursuits by French

01 September 1999

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A French judge in Bayonne has ruled that officers from the Ertzaintza (Basque Autonomous Police) have no right to enter France in chases following flagrant crimes, known as hot pursuits. The trial, lasting three years, involved five Ertzaintza officers who arrested two French citizens in Hendaye (France) in April 1996. They had pursued them for over 15 kilometres on the roads around Guipuzcoa in Spain after they had run over an agent during a police roadblock before crossing to the French side of the border. The ruling cites Article 41 of the Schengen Treaty, which includes the right of police officers from a member state to enter up to 10 kilometres into a neighbouring Schengen country during a hot pursuit. However, the agreement states that neighbouring countries must negotiate the concrete aspects. In the case of Spain and France this right has only been granted to the National Police, Guardia Civil and Servicio de Vigilancia Aduanera (Customs service). The Spanish government is repeatedly rejecting the Basque autonomous government's request that the Ertzaintza be included among the forces that are authorised.

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