France condemned by the ECHR, an unprecedented decision

The European Court of Human Rights (ECHR) condemned France for discriminatory identity control on Thursday. In addition, June 26, but rejected the requests of five other French people who denounced identity checks “to the facies”. In addition, This is the first time that France has been condemned france condemned echr, unprecedented decision for this reason.

Karim Touil had undergone three identity checks in ten days. Meanwhile, While saying to oneself “Well aware of the difficulties for police officers to decide. Therefore, 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 its case “A presumption of discriminatory treatment towards him and that the government has failed to refute it”.

France is therefore convicted of violation of article 14 of the European Convention on Human Rights. For example, relating to the prohibition of discrimination, combined with article 8 (right to compliance with private and family life). However, The State must pay 3,000 euros to Mr. Touil for moral damage. On the other hand. the Court judged that the controls suffered by the other five applicants had not been carried out for discriminatory france condemned echr, unprecedented decision reasons, and does not fall under the existence of structural failure in the matter.

It is the epilogue of a long legal fight for these six French of African. 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.

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 france condemned echr, unprecedented decision 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.

France condemned echr. unprecedented decision – France condemned echr, unprecedented decision

Increase in controls since 2016

These six applicants are part of a group of thirteen men who had launched into a legal fight denouncing unjustified controls, sometimes associated with palpations, insults or tu. After having lost at first instance in 2013. the complainants had appealed and, 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 Court of Cassation had definitively condemned the State in three files, a first. Six men who had not won the case had decided to bring the case before the ECHR.

The proportion of people who have been the subject of an france condemned echr, unprecedented decision 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 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 twelve times more risks of having a advanced control (excavation, palpation, order to leave), reveals this survey.