“Face checks: recognition of a reality, but insufficient measures”
In a decision rendered on Wednesday, the Council of State recognized the existence of facial controls in France. A discriminatory practice which particularly affects people perceived as being of non-French origin. But despite this recognition, the highest administrative court declared itself incompetent to force the State to change its practices.
This decision was strongly criticized by the associations which supported this group action. For them, it is a scourge which violates the fundamental rights of the individuals concerned. They therefore asked the Council of State to take measures to remedy these illegal practices under French and international law.
However, the Council of State considers that it is not up to the administrative judge to determine public policy or to force public authorities to act. A disappointment for the associations which were hoping for firmer intervention from the justice system.
However, the reality is there. Face checks are not an isolated phenomenon, but a widespread practice. In 2017, the Defender of Rights had already concluded that a young man perceived as being of non-French origin was twenty times more likely to be stopped than the rest of the population.
To remedy this situation, the associations demanded measures such as the issuance of a receipt after each check or the modification of the Code of Criminal Procedure to prohibit discrimination in identity checks. Similar measures have already been put in place in other countries and have helped reduce discrimination. But in the absence of a binding decision from the Council of State, it is now up to the public authorities to take their responsibilities.
Furthermore, the Council of State also ordered the Ministry of the Interior to make the registration number of the police on their uniforms legible, within twelve months. A measure which aims to improve the traceability of controls and avoid any impunity in the event of reprehensible behavior.
This decision by the Council of State highlights the need to act against facial checks. It is more than ever time to put in place concrete measures to combat this systemic discrimination. Respect for the fundamental rights of each individual must be a priority for the French state.