Facial checks remain a persistent problem in France. Several organizations, such as Amnesty International and Human Rights Watch, have mobilized to denounce this discriminatory and systemic practice.
In a recent decision, the Council of State recognized the existence of such controls, while declaring itself incompetent to force the State to change its practices. This decision sparked strong reactions among human rights defenders, who believe that the administrative jurisdiction should have gone further in its approach.
Indeed, the applicants asked the Council of State to take concrete measures, such as issuing receipts after each check and modifying the Code of Criminal Procedure to prohibit discrimination in identity checks. According to them, these measures, inspired by foreign practices, would help put an end to this systemic discrimination.
However, the Council of State considered that it was not its responsibility to determine public policy regarding the use of identity checks. He asserts that these measures in reality aim at a general redefinition of public policy choices, which falls within the competence of public authorities.
This decision has sparked criticism from the applicants, who believe that the Council of State does not sufficiently take into account the discriminatory nature of these controls. They emphasize that this practice is not a simple public policy problem, but a real scourge that affects many people because of their supposed physical characteristics.
It should be remembered that this problem is not new. In 2017, the Defender of Rights concluded that a young man perceived as black or Arab was twenty times more likely to be stopped than the rest of the population. In addition, France has already been condemned on several occasions for these facial checks.
In another decision, however, the Council of State ordered the Ministry of the Interior to make effective the obligation for police officers to wear a legible registration number. This measure aims to improve the traceability of checks and make police interventions more transparent.
In conclusion, although the Council of State recognized the existence of facial controls, its decision was criticized for not having taken more concrete measures to remedy them. It is now up to public authorities to fully commit to the fight against this systemic discrimination and to adopt measures to ensure a fairer police force that respects the rights of all citizens.