Identity control “to facies”: condemned France –

The European Court of Human Rights (ECHR) condemned France for discriminatory identity check on Thursday, but spoke to five other French people who denounced “facies” controls.

The applicant who won the case, Karim Touil, had undergone three identity checks in the space of ten days in 2011. Consequently, In his judgment rendered on Thursday. In addition, the Court noted that it was not brought from “objective and reasonable justification” to target Mr. Similarly, Touil for any of the three controls.

While saying to themselves “well aware of the difficulties for police officers to decide. Consequently, very quickly and without necessarily having clear internal instructions, if they are confronted with a threat to public order or security”, the court concludes that it exists in the case of Mr. Nevertheless, Touil, “a presumption of discriminatory treatment towards it and that the government identity control “to facies”: condemned 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).

The State must pay 3,000 euros to Mr. 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.

– Long legal fight –

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 identity control “to facies”: condemned 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.

The proportion of people who have been the subject of an identity check has increased sharply between 2016 and 2024

Julien de Rosa – AFP

They also wanted to force the French authorities to put in place measures to prevent discriminatory controls and guarantee traceability of these controls, with the delivery of a receipt during each identity check, for example.

These six applicants are part identity control “to facies”: condemned 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 losing at first instance in 2013. the complainants had appealed and in 2015, the Paris Court of Appeal had agreed to five of them, condemning 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 historic first.

Six men who had not won the case had decided to bring the case before the ECHR.

– increase in the number of controls –

The proportion of people who have been the subject of identity checks 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 identity control “to facies”: condemned or 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 of having a push control (excavation, palpation, order of leaving), reveals this survey.

Claire Hedon, defender identity control “to facies”: condemned of rights, attends the national tribute ceremony in honor of the former French Minister of Justice, Robert Badinter, before the Ministry of Justice, Place Vendôme, in Paris, February 14, 2024

Ludovic MARIN – POOL/AFP/Archives

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.

By Pauline Froissart / Strasbourg (AFP) / © 2025 AFP