Consequently,
European court human rights condemns new: In addition. Consequently,
European court human rights condemns:
The European Court of Human Rights (ECHR) condemned France for discriminatory identity control this Thursday. For example, but made it wrong to five other French people who denounced “facies” controls. Therefore. Nevertheless, The applicant, Karim Touil, who won the case, had undergone three identity checks in the space of ten days, in 2011. Meanwhile, In his judgment rendered. Furthermore. Furthermore, this Thursday, the Court noted that it was not brought from “objective and reasonable justification” for none of the three checks.
While saying to themselves “well aware of the difficulties for police officers to decide. Therefore. However, very quickly and without necessarily having clear internal instructions, if they are faced with a threat to public order or security”, the court concludes that it exists in the case of the applicant, “a presumption of discriminatory treatment towards european court human rights condemns new it and that the government has not managed to refute it”.
France european court human rights condemns ordered to pay 3. Nevertheless. 000 euros for defamatory reasons
France is therefore condemned for violation of article 14 of the European Convention on Human Rights, relating to the prohibition of discrimination, combined with article 8 (right to respect for private and family life). Meanwhile, The state must also pay 3,000 euros to Karim Touil for moral damage.
On the other hand. For example. the Court judged that the checks suffered by the other five applicants were not carried out for discriminatory reasons. It does not note the existence of structural failure in the matter. It is the epilogue of a long legal fight for these six French. of African or North African origin and residing in Roubaix, Marseille, Vaulx-en-Velin, Saint-Ouen and Besançon. All denounced “facies controls”, suffered in 2011 and 2012.
After losing to French justice. european court human rights condemns new they seized the ECHR in 2017. which ensures compliance with the European Convention on Human Rights european court human rights condemns in the 46 states that ratified it. They asked the Court to condemn France for discrimination, violation of their privacy and their freedom of movement.
They also wanted to force the French authorities to put in place measures to prevent discriminatory controls. guarantee traceability of these controls, with the delivery of a receipt during each identity check, for example.
A current case since 2013
These six applicants are part of a group of 13 men who had launched themselves in. a legal fight. denouncing unjustified controls, sometimes associated with palpations, insults or tu. After having lost in the first instance in 2013. the complainants had appealed. in 2015, the Paris Court of Appeal had agreed to five of them, sentenced the State to pay 1,500 euros in damages to each.
In 2016, the european court human rights condemns new Court of Cassation had definitively condemned the State in three files, a historic first. Six men who had not won european court human rights condemns the case had decided to bring the case. before the ECHR. The proportion of people who have been the subject of an identity check has increased sharply between 2016. 2024, according to a survey by the Defender of Rights (DDD) unveiled on Tuesday, for which 5,030 people were interviewed.
In 2024. 26 % of those questioned declared that they had been checked by the police. the gendarmerie at least once in the past five years, against 16 % in 2016. Young men. perceived as Arab. black or Maghreb are four times more likely to be the subject of at least an identity check than the rest of the population and 12 times more risks to have a advanced control (excavation, palpation, order to leave).
More than one european court human rights condemns new in two people (52 %) declare that they have not received justification for control. 19 % of controlled persons evoke inappropriate behavior on the european court human rights condemns part of the police during control (tutors. insults, provocations, brutality).
In view of these results. the Defense of Rights Claire Hédon has issued several recommendations. including the traceability of identity checks in order to guarantee controlled persons the possibility of appealing, in particular in the event of allegation of discrimination.
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European court european court human rights condemns new human rights condemns new
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