The applicant who won the case, Karim Touil, had undergone three identity checks in the space of ten days in 2011. In his judgment rendered on Thursday, the Court noted that it was not brought from “objective and reasonable justification” to target Karim Touil for none of the three controls.
“Presumption of discriminatory treatment”
While saying to themselves “well aware of the difficulties for police officers to decide, 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 Karim Touil, “a presumption of discriminatory treatment towards it and that the government has not managed to refute it”.
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).
Long legal combat
The State must pay 3,000 euros to Karim Touil for moral damage.
On the other hand, 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, they seized the ECHR in 2017, which ensures compliance with the European Convention on Human Rights in the 46 states which ratified it.
They asked the Court to condemn France for discrimination, violation of their privacy and their freedom of movement.
Identity checks: ever more marked discrimination
The proportion of people who have been the subject of identity checks increased sharply between 2016 and 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 said they were checked by police or the gendarmerie at least once in the past five years, against 16 % in 2016.
Young men and 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 of having a push control (excavation, palpation, order of leaving), reveals this survey.
More than one in two people (52 %) declare that they have not received justification for control and 19 % of controlled persons evoke inappropriate behavior on the 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.
